Law:

Section:

Criminal Procedure Code (V of 1898)--­S. 497---Penal Code (XLV of 1860), S.302---Constitution of Pakistan (1973), Art.185---Supreme Court, ordinarily would not interfere with the order of the High Court relating to bail, particularly in cases of murder, when the trial was going to commence so as to avoid discussion and remarks on the merits of the case. Akmal Masih and others v. Salamat Masih and 4 others 1988 SCMR 918 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal was granted in this matter as follows:-- "The bail in this case was granted on the consideration that although the case was registered under section 302, P.P.C.. as of murder, the F.I.R. which is the basis of the prosecution case (so far) made it a case under section 304, Part I, P.P.C. for the reason that the accused/petitioner claimed to have acted on grave and sudden provocation. And thus, caused injuries to his wife as well as her paramour who, according to him, was caught red-handed on surprise visit to his own house. The F.I.R. is also based on the statement of the accused to the above fact. The High Court on difference of opinion held that the offence in any case being also punishable with imprisonment for life the accused would not be entitled to bail. Learned counsel has argued that it may be possible to hold that when a case is made out under section 304, Part 1, P.P.C., the offence being punishable with imprisonment for life bail is prohibited under subsection (1) of section 497, Cr.P.C. But, according to him while under subsection (1) of section 497, Cr.P.C. the Court has no jurisdiction to grant bail if on merits such a finding is rendered, as the word used for such command is "shall". But, he further argued the considerations when determining the question of "cancellation" are different because subsection…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492