Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Criminal Procedure Code (V of 1898) S. 497(5)-Bail, cancellation of-Dying statement made by one deceased implicating petitioner-Premature at leave to appeal stage by Supreme Court to say whether such statement be or be not accepted against petitioner or against both accused-No competent Court having yet recorded any finding as to deceased having falsely implicated co- accused released on bail, any opinion formed by Investigating Officer in such behalf any expression of view by High Court at such juncture, held, cannot be used as an argument for branding dying statement to be false against petitioner, hence, it could not be said that no reasonable grounds existed for believing petitioner to be guilty of an offence punishable with death or imprisonment for life.-[Dying declaration]. Date of hearing 21st December, 1976.                                                                                                               ORDER ANWARUL HAQ, C. J.-The petitioner, along with one Yaqub, is facing prosecution under section 302/34, P. P. C. for the murder of two persons named Abdul Hamid and Muhammad Ashraf. The Additional Sessions Judge allowed bail to both the accused persons by his order dated the 11th of March 1976. Thereupon, the complainant moved the High Court for the cancellation of bail, which application was allowed by the High Court only as against the petitioner. He now…