Law: Code of Criminal Procedure, 1898

Section: 497

(a) Criminal Procedure Code (V of 1898) S. 497-Bail, principle for grant of-(Murder-case)-Heinousness of offence-Not by itself sufficient to take away discretion of Court to grant bail nor bail to be withheld as a punishment even in non-bailable offences. (b) Criminal Procedure Code (V of 1898) S. 497-Bail, principle for grant of-Supreme Court always reluctant to interfere in matters of bail unless orders perverse or High Court clearly misuses its powers-Nothing to show that High Court exercised its discretion without proper care-Substantial evidence having been recorded in case, trial Court, held, in a better position to consider and decide question of bail-Petition for leave to appeal dismissed, in circumstances.                                                                                                                             ORDER Respondents (accused) 1 to 6 namely Haji Abdul Rehman, Abdul Rashid, Sher Ahmed, Qalandar. Sheikh Ahmed and Mohammad Zaman (in Petition No. 5 of 1980) alongwith petitioner, Haji Sain (in Petition No. 4 of (1980) were sent to District Criminal Court, Muzaffarabad to face trial under sections 302, 147, 148 149, Penal Code read with section 4/5 of Islamic Penal Laws Act. 1974 for the murder of one Munawar Khan. Respondents 1 to 6 were released on bail in the High Court on 23rdJuly, 1980 while the bail was refused to Haji Sain on the same day. 2. The State as well as Haji Sain have moved two petitions for leave to appeal to assail the judgment of the High Court. The State wants cancellation of the bail allowed to respondents 1 to 6 while Haji Sain wants to be released on bail. Both the petitions are being disposed of by this single order. 3. The case of the prosecution in brief is that Munawar Khan deceased, Mohammad Afzal and Sumandar Khan, who came across River Jhelum from Pakistan to Azad…