Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Criminal Procedure Code (V of 1898) S. 497(5)-Cancellation of bail-Conflict existing to opinion of doctor expressed in original medico-legal certificate and subse quent statement made by him in Court--Doctor apologising to High Court and placing himself at mercy of Court-High Court in view of his young age warning him not to play in hands of parties and give false evidence in Court-Case prima facie seeming to be one of suborning of evidence, petitioner, held, lost entitlement to concession of bail. Date of hearing : 7th May, 1980.                                                                                                                                                                 ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal is sought from an order dated 30th January, 1980 of the Sind High Court whereby the bail granted to the petitioner in a case under section 307, P. P. C. was cancelled. Earlier the High Court had refused bail to the petitioner. He had challenged the order of refusal passed by the High Court in this Court through a petition for leave to appeal which was dismissed on 29th of April, 1979, It was however, observed that a fresh petition for bail might be moved in the lower Court after the submission of challan. The petitioner accordingly made a fresh application which was allowed by the Sessions Court on 11th July, 1979, mainly on the consideration that although it was a case of injuries caused by an effective fire-arm shot, there was some conflict between medical evidence and the prosecution case. On complainant's application for cancellation of bail in the High Court it was argued that there was conflict in the opinion of the Doctor expressed in the original medico-legal certificate and the subse quent statement of the…