Law: Criminal Procedure Code (V of 1898)

Section: S. 498

(a) Criminal Procedure Code (V of 1898)------   ------S. 498-Bail-high Court not competent to grant, after case has been referred to Council-of-Elders (Jirga) under Frontier Crimes Regulation, 1961 --Frontier Crimes Regulation (III of 1901), Ss. 20 & 11.   Nur Muhammad and others v. Emperor A I R 1944 Lah. 896 approved.   Imperator v. Ghulam Kadir Walad Faiz Mahomed .12 Cr. L J 568 ref.   Khair Muhammad Khan v. The Government of West Pakistan P L D 1956 Lah. 668 considered.   (b) Frontier Crimes Regulation (III of 1901)-----   ------S. 20-Bail Deputy Commissioner exercising magisterial powers under section 20 does not do so under Criminal Procedure Code (V of 1898). ORDER   This order will deal with Criminal Miscellaneous Nos. 2350 and 2329 of 1962 which are petitions under section 498, Cr. P. C., for anticipatory bail being granted to the petitioners. The petitioners were granted interim bail in both of these petitions on the 26th of September 1962. These two petitions came up for a hearing before me on the 7th of February 1963, when it transpired that, in the meantime, the case had been referred to the Council-of-Elders under the F. C. R. Thus before passing any final orders as regards the bail the point for determination is whether after a case has been referred to the Council-of-Elders this Court will have jurisdiction to grant bail.   2. The learned counsel for the petitioners rely on sub section (2) of section 3 of the Frontier Crimes Regulation. It has been urged that the powers conferred by this Regulation may be exercised in addition to any powers conferred by or under any other enactment, and where the contrary is not expressed or implied, other enactments in force in any place in which all or any of the provisions of this Regulation are for the time being in force, shall, so far as may be, apply to cases dealt with in that place under this Regulation. As there was nothing in the F. C. R. contrary to the powers exercisable under section 498, Cr. P. C. this Court had the power to grant bail to the petitioners. The learned counsel for the State, on the contrary, urged that section 20 of the Frontier Crimes…