Law:

Section:

(a) Bail--------Application for-Surrender of applicant, condition precedent for entertainment of-Criminal Procedure Code (V of 1898), Ss. 417, 497, 498 read with S. 427-[Appeal from acquittal]­[The Crown v. Khushi Muhammad P L D 1953 F C 170 and Chan Shah v. The Crown P L D 1956 F C 43 ref.] (b) Criminal Procedure Code (V of 1898)---S. 427 read with Ss. 417, 497 & 498-Bail, grant of, in appeal from acquittal­ Principles-Section 427 an independent section-Not controlled by Ss. 497 & 498-Presumption of innocence flowing from order of acquittal-Consideration in grant or refusal of bail Possibility of absconding, tampering with evidence-Heinousness of crime not by itself a ground for refusing bail- "Rule of practice to reuse bail in cases, punishable with death or transpiration.-"Fullest"-discretion, to grant bail under S. 497 not fettered by any such "Rule of, practice"-[Sheo Swarup v. King Emperor L R 61 I A 398 and Lala Jairam Das and others v. Emperor L R 72 I A 120 ref.] JUDGMENT HAMOODUR RAHMAN, J.-----This appeal, by special leave, arises out of the judgment and order of a Division Bench of the High Court of West Pakistan refusing to grant bail to the appellant hereinafter an appeal against his acquittal had been admitted for hearing. The appellant was tried along with four others in respect of charges under sections 302/149, .307/149 and 148 of the Pakistan Penal Code by the Additional Sessions Judge of Lahore who, after a protracted trial, delivered an elaborate and considered judgment running into some 71 pages finding all the five accused persons not guilty in respect of all the three charges against them. It was against this acquittal that the State preferred an appeal on the 2nd of June 1962. This appeal was admitted for regular hearing on the 21st of June 1962, by the following order "Having heard the learned Advocate-General, we are of the opinion that the reasons given by the learned Additional Sessions Judge for rejecting the evidence of Mukhtar Ahmad P. W. 29, who is prima facie an independent witness, require further consideration. We accordingly admit the appeal to a regular hearing. Non­ bailable warrants returnable to the District…

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