Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Criminal Procedure Code (V of 1898) S. 497(5)--Bail, cancellation of-Some clerical or typing error appearing to have crept in order of High Court cancelling petitioner's bail earlier granted by Sessions Judge and perusal of entire order showing bail having been cancelled because of material tentatively implicating petitioner for an offence under S. 307, Penal Code, 1860- Contention that High Court misread orders of Sessions Judge and wrongly assumed Sessions Judge having granted bail before arrest, held, not tenable in circumstances.                                                                                                                                                     ORDER DORAB PATEL, J.-The petitioner was apprehended his arrest for an occurrence, which took place in Quetta on 11-8-1975, therefore he applied to the Sessions Court for bail before arrest, and an Additional Sessions Judge, Quetta, granted him interim bail on 6-10-1979. The case came up before the learned Additional Sessions Judge, on 9-10-1979, but as it transpired that the petitioner was charged under section 307, P. P. C., the interim bail granted was not confirmed and he was handed over to custody. But, the Court further observed that the petitioner could apply for bail after the challan had been submitted. The challan was submitted promptly, and so the petitioner again applied for bail on 16-10-1979. Bail was allowed by the Additional Sessions Judge on 20-10-1979 with the observation that "the challan of the case has been put up for trial. The trial of the case would take time for its conclusion". The complainant, therefore, filed an application in the Sessions Court for the cancellation of the bail granted to the petitioner, but, as his application was dismissed, he challenged the order of the Sessions…