Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 265, 497

.(a) Criminal Procedure Code (V of 1898)  S. 561-A read with S. 265-K--Quashment of proceedings- Jurisdiction of High Court under S. 561-A, Cr. P. C.----Extraordinary and to be used only in extraordinary cases where no other remedy avaiLahle-Powers given by section, however, not to be utilized so as to interrupt or divert ordinary course of criminal procedure as laid down in procedural statute-Sessions Judge being seized of case, petitioner, held, could seek necessary remedy before him through appropriate application---Quashment of proceedings declined, in circumstances. Ghulam Muhammad v. Muzammal Khan P L D 1967 S C 317 and Khushi Muhammad and 4 others v. The State 1979 S C M R 94 rel. (b) Criminal Procedure Code (V of 1898) S. 497-Bail, grant of-Accused having an indefeasible right to grant of bail irrespective of his conduct, however, reprehensible. Date of hearing: 9thJuly, 1979.                                                                                                                                    JUDGMENT This order deals with and disposes of two applications by the accused for quashment of order/ proceedings in a complaint case under sec tion 307, etc , P. P. C. pending on the file of learned Sessions Judge, Kasur and an application by Mr. Sarfraz Khan, Inspector, Crimes Branch, Lahore concerning apprehension of the accused two of whom (Nazir Ahmad and Muhammad Iqbal) were set at liberty by learned Sessions Judge on 4th of July 1979. 2. Shorn of unnecessary details, the facts relevant to the disposal of these applications are a case for the offences under section 302/307/34, P. P. C. in respect of murder of Rashid and attempted murder of his sister Mst. Sharifan was registered at Police Station, Pattoki, District Kasur on 2nd of May 1977 under F. I. R. No. 253/77 on the report made by Khushi Muhammad a real…