Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code (V of 1898) S. 498-Bail-Contention that for mere fact that accused are involved or convicted in some other cases concession of bail should not be refused-Held, had no force-Earlier conductor convictions-Relevant and can be considered at time of bail --Accused previous convicts and involved in criminal cases-Bail refused in circumstances of case.                                                                                                                            ORDER This is an application by Muhammad Iqbal and Muhammad Ashraf for the grant of bail. They are accused alongwith three others of offences under sections 148, 307/452/149, P. P. C. They are said to have armed themselves with different weapons and attacked and injured Muhammad Riaz complainant. Out of the assailants Abdul Majid was armed with a revolver. Muhammad Siddiq was armed with a danda. Muhammad Hussain co-accused and Muhammad Iqbal petitioner No. 1 were armed with sotis while Muhammad Ashraf is not said to have been armed with anything. 2. The facts are that Muhammad Riaz was going towards his house when suddenly a car came and stopped near him and five accused came out of the same and then Abdul Majid fired at him but missed. Muhammad Riaz ran to his house which was nearby but all the accused chased him upto his house and all of them caught him and beat him up with sticks and also gave him kicks and fist blows. The learned Sessions Judge, Jhelum granted bail to the main accused by his order dated 13-3-1974 but declined to grant bail to the present petitioners as Muhammad Iqbal petitioner was involved in some other cases, while Muhammad Ashraf petitioner was a previous convict. In 1963 Muhammad Ashraf petitioner No. 2 had been sentenced to four years' R. I. for an offence under section 304, P. P. C. and in 1965 he had been convicted and sentenced for various…