Case Details

Citation(s)
1995 SLG 983 1995 SLD 983 1995 PLD 535
Lahore High Court
Criminal Miscellaneous No. 258/B-C of 1995, heard on 26th April, 1995
AHMAD SAEED A WAN, J
Ch. Muhammad Hussain Chhachhar and Khawaja Ahmad Tariq Rahim for Petitioner. Abid Saqi for
Respondents. Mian Abdul Qayyum Anjum for the State

MUHAMMAD BOOTA

VS

THE STATE and 4 others

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Material to be examined---Court has to examine the available data to find out whether reasonable grounds exist to connect the accused with the crime---Relevant material to be assessed tentatively for the grant of bail is the police report, nature and credentials of evidence proposed to be led coupled with the surrounding circumstances relevant to the case. Abdul Ghafoor v. Muhammad Ashraf and another 1994 PCr.LJ 804 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Police challan, effect of---Police challan is nothing but the opinion of the Investigating Agency and is entirely irrelevant for releasing the accused on bail Muhammad Ashraf v. The State 1971 SCMR 183; Hakim Ali and 3 others v. The State 1979 SCMR 144 and Saeed Ahmad v. The State 1981 SCMR 565 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497/498---Bail---Police opinion---Opinion of the Investigating Officer is not binding upon the Court which can have its own opinion after examining the material on record and come to a different conclusion---Police opinion holding an accused innocent cannot be made the only basis for grant of bail. Liaqat Ali v. The State PL D 1994 SC 172 ref. (d) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Cancellation of bail---Once bail is granted by a competent Court, then strong and exceptional grounds are required for its cancellation, as to deprive a person of his liberty after his enlargement, is a most serious step to be taken. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. (e) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S.302/324/148/149--=Cancellation of bail---Senior Superintendent of Police in his final investigation had not only found the accused guilty but had initiated proceedings against the previous Investigating Officers for having sided with the accused party deliberately with mala fide intentions---Record did not suggest any motive or malice on the part of S.S.P. to falsely or maliciously implicate the accused or to initiate proceedings against the previous Investigating Officers---Accused had been charged for…
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