Law: Criminal Procedure Code (V of 1898)

Section: 498

(i) Criminal Procedure Code (V of 1898)- — S. 498— Bail before arrest — Application for— Additional Sessions Judge— Competency to decide — Case not on files of Additional Session-! Judge — Held : Additional Sessions Judge, unless inch-arge of Sessions Division, not to dispose of bail before arrest matters (in cases not on his files). [P. 342[D    (ii) Criminal Procedure Code (V of 1898)— ——S. 498—BaiS before arrest—Application for—Additional Sessions Judge—Disposal by Sessions Judge absent or incapable of dealing with bail matters—Held : Bail applications being of urgent nature, same to be (competently) d isposed of by Additional Sessions Judge, [P. 343]£ (iii) Criminal Procedure Code (V of 1898)— ——Ss. 498 & 17 (4)—Bail before arrest—Application for—Additional Sessions Judge—Transfer of application to—Held : Sessions Judge to transfer application under S. 498 Cr. P. C to Additional Sessions Judge (only) in case of his being incapable of acting or otherwise as provided under S. 17 (4) Cr. P. C. [P. 343]F (iv) Criminal Procedure Code (V of 1898)— ------- S. 498—Bail before arrest—Application for—Delay in filing of— Effect of— Respondent, allegedly in Bahawalpur on day of incident, not appearing immediately after his return before police officer or court and instead applying for interim bail about 1| months after incident—Held : Late appearance to clearly show respondent intentionally absconded, [P. 341J/4 (v) Criminal Procedure Code (V of 1S98)— ~S. 497 (5)~Bail—-Cancellation of—Incident taking place during day time—One of victims dying due to injuries while two others receiv­ing injuries—FIR also promptly lodged—Held : Prima facie case under Ss. 302, 307/34 having been made out, bail granted to res­pondent to be cancelled. [P. 342]B & C ORDER This is an application under Section 497 (5) Cr. P. C. filed by Noor Muhammad complainant for cancellation of bail granted to Shakeeluddin Ahmad, respondent by the III Additional…