Law: Criminal Procedure Code (V of 1898)

Section: 497,498,213,526

Criminal Procedure Code (V of 1898),   Ss. 497, 498 read with Ss. 213 & 526-Bail in non-bailable offence-Inquiry Magistrate committing accused to Sessions-Bound to cancel bail granted to accused and take them into custody Powers under S. 497 to admit accused to bail in non-bailable offence-Restricted to cases where there are no reasonable grounds to believe that accused committed non-bailable offence"-Mere existence of cross-case or plea of self defence-No ground for believing that accused had not committed non-bailable offence-Provisions of S. 498, ancillary or subsi diary to Ss. 496 & 497-Accused after inquiry by competent Magistrate committed to Sessions for trial on grave charges relat ing to non-bailable offence-Enlargement of accused on bail by Sessions Judge on ground that "there was a cross-case . . . and question of self-defence is involved"-Held, not justified-High Court while cancelling bail of accused transferred case to another fudge in view of remarks by trial Judge regarding availability of plea of self-defence to accused.   Muhammad Ishaq v. Farman Shah and another P L D 1964 Pesh. 58; Lala Jairam Das and others v. King-Emperor 72 1 A 121; The Crown v. Khushi Muhammad P L D 1953 F C 170; Khalid Saigol v. The State P L D 1962 S C 495 and Sayed Pir Mohi-ud-Din Lal Bajshah v. Emperor A I R 1938 Lah. 762 ref.   ORDER   The four respondents were charged for three offences:   under section 302/34, and   on two counts under section 307/34, P. P. C., for having on 11th November 1963, infurtherance of their common inten tion armed with pistols and lores committed the murder of Dilawar Shah and caused stab injuries to his two sons, Muhammad Sher Ajam Shah and Muhammad Said Ali Shah.   The Enquiry Magistrate by his order dated 23-1-64, allowed bail to Mir AbdullahShah and Mir Hassan Shah respondents on furnishing bail bonds in the sum of Rs. 10,000 with two sureties each. On 6th February 1964, the Enquiry Magistrate after framing charges against the respondents under sections 302/34 and 307/34, P. P. C. committed them to the Court of Sessions without caring to cancel the bail of Mir Abdullah Shah…