Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Evidence Act, (1 of 1872)

Section: 32(1)

(a) Criminal Procedure Code (V of 1898) S. 497 --Bail--Discretionary power for grant of bail, held, not to be exercised arbitrarily but judicially having regard to circum stances of case. Ghulam Hussain v. Zainullah etc. P L D 1961 S C 230; Nekam Gul and 2 others v. The State P L D 1971 Pesh. 32 ; State v. Mohammad Hassan etc. P L D 1977 Kar. 554 and Manzoor Hussain etc. v. The State 1979 P Cr. L J 593 ref. (b) Evidence Act (I of 1872)  S. 32 (1)-Dying declaration--A valuable piece of evidence and can form satisfactory basis for conviction if found genuine and true. [Dying declaration-Conviction]. (c) Evidence Act (I of 1872) S. 32 (I)-Dying declaration--Courts should as far as possible avoid expression of opinion on merits of case-Dying declaration to be treated as a valuable piece of evidence till decision taken by trial Court with regard to weight to be attached to it-General presumption: that dying persons usually speak truth.-[Dying declaration].                                                                                                                                          ORDER By this order, I propose to dispose of two applications, one submitted by Akbar Ali Khan for the cancellation of bail allowed to Sahib Noor respondent No. 1 and registered as Criminal Miscellaneous No. 762/79, and the other filed on behalf of Shakim Noor for the grant of bail and registered as Criminal Miscellaneous No. 880/79. The facts out of which these applications have arisen, shortly stated, are these:-- On 17thJune, 1979, Anwar Khan son of Speia Khan, a resident of Thall, while in injured condition, was carried to Police Station, Thall, where at 6-40 p.m. he lodged First Information Report stating therein that at 6.00 p.m. the same day, he was present at Qayyum Medical Store where in the meanwhile, Shakim Noor son of Mula…