Law: Criminal Procedure Code (V of 1898)

Section: 998,498,561A,64,204, Schedule2,75,76,497,496

Law: Pakistan Penal Code, 1860

Section: 420,428,429,430,431,000,000,000,000

(a) Criminal Procedure Code (V of 1898), S. 998-Admission of suspected persons to bail in anticipation of arrest--Power of High Court--Not only good prima facie ground should be made out but also that arrest would be from ulterior motives or that it would cause irreparable harm. "In a proper case, the High Court has power under section 498, Criminal Procedure Code to make an order that a person who is sus­pected of an offence for which he may be arrested by a Police officer or a Court, shall be admitted to bail." "The exercise of the power should, however, be confined to cases in which, not only is good prima facie ground made out for the grant of bail in respect of the offence alleged, but also, it should be shown that if the petitioner were to be arrested and refused bail, such an order would, in all probability, be made not from motives of furthering the ends, of justice in relation to the case, but from some ulterior motive, and with the object of injuring the petitioner, or that the petitioner would in such eventuality suffer irreparable harm" 4 Cr L J 221 ref. to. The power would require to be exercised with the very greatest care and restricted to exceptional case. (b) Criminal Procedure Code (V of 1898), Ss. 561-A & 498---High Court has no inherent power to grant bail apart from express terms of Code. "This Court cannot claim to exercise any inherent power to grant bail at any stage of the proceedings". The power "must be derivable from the express terms of the Code itself". I L R 1945 Lah. 57 fol. Provisions contained in the Cr. P. C. relating to arrest and release of persons on bail examined. ORDER Cornelius. J.----This reference to a Full Bench involves two Criminal Miscellaneous Petitions viz., No. 479 of 1948 by one Hidayat Ullah Khan and No. 527 of 1948 by one Agha Hamid Ali. Another case of the same kind, viz., Criminal Miscellaneous No. 417 of 1948 by one Mian Sultan Ali Ranjha, involving the same question, was initially referred to a larger Bench by S. A. Rahman J., but at the hearing before the Full Bench Mr. Iftikhar-ud-Din Ahmad appearing for the petitioner, stated that his client bad been released on bail and consequently that petition…

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