Law:

Section:

(a) Criminal Procedure Code (V of 1898)-----S. 497--Penal Code (XLV of 1860), 5.302--Constitution of Pakistan (1973), Art-185(3)--Leave to appeal was granted to examine question whether it was an established practice of the superior Courts, not to grant or cancel bail in a murder case, when its trial was to commence within a short time and the date had been fixed. (b) Criminal Procedure Code (V of 1898)-- ---S. 497--Penal Code (XLV of 1860), S.302--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to examine question whether dismissal of the earlier bail application of accused on merits by the same Judge of High Court would not be a bar to the grant of bail on a subsequent application; mainly on the ground that another Investigating Officer found the accused innocent and whether for purposes of 5.497(2), Cr.P.C. and for other similar considerations the view of the subsequent police investigator or the earlier opinion expressed by a Judge of High Court on merit, would prevail. (c) Criminal Procedure Code (V of 1898)-- ---S. 497--Penal Code (XLV of 1860), 5.302--Murder--Grant of bail when case is fixed for hearing--Practice of the superior Courts is that when a murder case is fixed for hearing, ordinarily the bail applications are not decided on merits and matter is often left to the discretion of the trial Judge and this. practice is directly relatable to the "question of prejudice". (d) Criminal Procedure Code (V oaf 1898)-- ---S. 497--Penal Code (XLV of 1860), S.302--Cancellation of bail--Trial was to commence within a fortnight--Cancellation of bail at such a stage, held, would not be proper. (e) Criminal Procedure Code (V of 1898)-- --S. 497(2)--Penal Code (XLV of 1860), S.302--Bail, grant of--When the Court finds that two essential conditions contained in 5.497(2), Cr.P. C. are satisfied the accused shall become entitled as of right to bail--When an accused person becomes entitled as of right to bail under S.497(2), Cr.P.C., bail cannot be withheld on the ground of practice; because, the latter is relatable to exercise of discretion while the former is relatable to the exercise and grant of right. (f) Constitution of Pakistan (1973)--…

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