Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)  S. 497-Bail-Superior Courts refusing bail to accused on facts of case-Trying Magistrate left with no option but to remand such accused to custody-Contention that Magistrate having in first instance issued summonses against accused could not .send them to jail, held, not sound. [pp. 1390, 1391]A & B                                                                                                                                     ORDER This petition for habeas corpus has; been moved in the following circum stances: In an F. I. R. lodged on 10th of July 1974, at Police Station Musakhel in the District of Mianwali,. Abdus Sattar first informant; named seven persons for the crime of the murder of Saifullah. There was a grim background of enmity between the parties and the story is that Saifullah deceased was riding a mare when he was fired at. The police during the investigation found that the seven persons named in the F. I. R. were innocent and the murder had actually been manoeuvred by Abdus Sattar first informant himself who happened to be the maternal uncle of the deceased. The case was got cancelled by the police and a case was registered against Abdus Sattar. Mst. Wazir Khatun the mother of Saifullah deceased then filed a complaint under section 302/367/209, P. P. C. and the learned Magistrate Mr. Javed Gul, issued summons for the appearance of the accused. The accused approacL:d the Sessions Judge by two separate applications for grant of bail before arrest which were dismissed after discussion on merits. They thereafter approached the High Court for grant of bail but their application was again dismissed by order dated 17th of March 1975, passed in Cr. Misc. No. 948/B of 1975. Some of the accused appeared before the Magistrate on 8th of March 1975. By then, intimation had been received by…