Law:

Section:

(a) Criminal Procedure Code (V of 1898)- S. 498 read with Holders of Representative Offices.(Punishment for Misconduct) Order (P. O. 16 of 1977), Arts. 3 & 6-Pre-arrest bail, grant of-Jurisdiction--Petitioner, accused of offence under Art. 3 of P. O. 16 of 1977-Contention that Special Court having been constitut­ed under Order, High Court, left with no jurisdiction to deal with question of confirmation of petitioner's ad interim pre-arrest bail-­Contention repelled in view of dictum of Supreme Court in Zahoor 1llahi's case P L D 1977 S C 273,-[Jurisdiction]. Zahoor Rahi v. The State P L D 1977 S C 273 rel. Pakistan Tobacco Co. Ltd, Chittagong v. The Chairman, Second Labour Court of East Pakistan and 18 others P L D 1971 Dacca 262 ref. (b) Criminal Procedure Code (V of )898)- S.498 read with Holders of Representative Offices (Punishment for Misconduct) Order (P O. 16 of 1977), Arts. 3, 5 & 9-Bail, grant of-Jurisdiction-Petition for grant of bail under S. 498, Cr. P. C.­Not hit by any provision of P. O. 16 of 1977.-[Jurisdiction]. (c) Criminal Procedure Code (V of 1898)-- 5. 498 read with Holders of Representative Offices (Punishment for Misconduct) Order (P. O. 16 of 1977), Arts. 3 & 6-Bail ad interim, grant of-Jurisdiction-Bail petition for pre-arrest bail of petitioner, accused of offence under S. 3 of P. O. 16 of 1977, moved at time when no special Court to try his case existed-High Court, having taken cognizance of bail petition, held, would not become functus officio and incompetent to finally adjudicate petitioner's ad interim pre-arrest bail for confirmation, merely because of a Special Court having been constituted meanwhile.-[Jurisdiction]. Muhammad Ayub v. Muhammad Yaqoob P L D 1966 S C 1003 ref. (d) Criminal Procedure Code (V of 1898)- S. 498 read with Holders of Representative Offices (Punishment for Misconduct) Order (P. O. 16 of 1977), S. 3-Bail ad interim, confirma­tion of-Petitioner, a chronic patient of alsthama and heart ailment and spending sometime as an indoor patient as well as seeking admission in a sanitorium-Petitioner, held, entitled to bail on special grounds in circumstances. JUDGMENT Sheikh Muhammad Rashid applied for…

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