Law: Criminal Procedure Code (V of 1898)

Section: 497(5), 498, 439

(a) Criminal Procedure Code (V of 1898) Ss. 497(5) & 498-Bail, cancellation of-Person released on bail in non-bailable case-Release effected under S. 497 within meaning of subsection (5)-Bail in every such case can be cancelled under sub section (5) of S. 497-Words "under this section" in S. 497(5)-Mean "in non-bailable cases"-Words do not exclude cases where High Court or Court of Session acted under S. 498 in releasing accused on bail- High Court could as well cancel bail in exercise of its revisional powers-Criminal Procedure Code (V of 1898), S. 439. Ahmad and others v. The Crown P L D 1950 Lah. 280 ; Gushtasab Khan v. The Crown P L D 1956 F C 117 and Karim Bakhsh Jatoi v. Crown P L D 1952 Sind 43 Tel. Ahmad and others v. Crown P L D 1950 Lah. 280 and The Crown v. Abdul Haq and another P L D 1951 Bal. 48 not fol. (b) Criminal Procedure Code (V of 1898) S. 497(5)-Cancellation of bail-Person vitally interested in case- Competent to 9e application for cancellation of bail-Applicant not merely witness of motive of crime but also husband of woman assaulted and dis-honoured---Could move for cancellation of bail granted to accused. Devilal v. Ganpat A I R 1951 Raj. 94 held not applicable. (c) Criminal Procedure Code (V of 1898) Ss. 497 & 498-Bail before arrest-An exceptional measure-Intend ed only to protect innocent citizens from harassment and malicious prosecution-Charges against accused grave and evidence forth coming in support-Grant of bail before arrest in such cases-Bad exercise of discretion. It is to be pointed out that the respondents had approached the Sessions Court for grant of bail before arrest which is an exceptional measure and is intended only to protect innocent citizens from harassment and malicious prosecution. Where such grave charges have been levelled against accused persons and there is evidence in support of the charges it will be a bad exercise of discretion to grant them bail before arrest.                                                              …