Law: Criminal Procedure Code (V of 1898)

Section: 497, 498

(a) Practice and procedure  Criminal proceedings-Petitioner's counsel not allowed to argue his case on ground that "he tried to argue on the basis of an incorrect copy of the F. I. R. and refused to admit that the copy was incorrect"-Course of action adopted by Court, held, not proper Court should have afforded proper opportunity to counsel to argue his case, pointed out inaccuracies on record relied on, anti thereafter overruled counsel's contentions for good reasons --Argument could not, however, be stifled, (b) Criminal Procedure Code (V of 1898)  S. 497/498 -Bail-Allegation of forcible abduction accompanied by two murders committed in same transaction fully supported by abductee in her statement to Magistrate after her recovery- Sufficient, if unrebutted, to indicate existence of reasonable grounds of commission of alleged offences ----Earlier statement of abductee prima facie extorted from her under duress-Lower Court's order confirming interim bail set aside and case remanded or disposal on merits after hearing counsel for parties. Date of hearing : 8th January 1975.                                                                                                                           ORDER MUHAMMAD AFZAL CHEEMA, J.--Amir petitioner a complainant in an abduction-cum-double murder case, the abductee and the two deceased being his sisters felt aggrieved by the order of a learned Single Judge of the Lahore High Court, dated 8-7-1974, by which interim bail allowed to Khizar Hussain respondent an accused to whom a leading role was attributed in the incident, was confirmed. 2. This case came up before us yesterday in the first instance and having found the two-fold ground taken by the learned counsel in support of the petition, namely, that he had not been allowed to argue his case by the learned Judge, and that no reasons were…