Law: Criminal Procedure Code (V of 1898)

Section: 497,439,561-A,498,497(5)

Law: Pakistan Penal Code, 1860

Section: 324

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497, 439 & 561-A---Conversion of one type of proceedings into other type---No bar exists in law in converting one type or kind of proceedings into other kind of proceedings provided that the jurisdiction of the Court remains intact---Bail application in a fit case can be converted into revision or into an application under S.561-A, Cr.P.C. if the dictates of justice so demand, in the absence of any express prohibition. Mst. Akhtar Nasimi v. Martial Law Administrator, Zone 'C', Karachi and 2 others PLD 1982 Kar. 130; Erfan Shaikh and another v. The State 1971 PCr.LJ 486 and Imtiaz Ahmad v. Ghulam Ali and 2 others PLD 1963 SC 382 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail on the allegations of mala fides etc. ---Guidelines provided. If upon merits of the case, the Court comes to the conclusion that there is no sufficient material with the Prosecuting/Investigating Agency to connect accused with the alleged offence and from the material placed before such Court, it tentatively appears to be a case with reasonable doubts then in such .matters a Court may extend the concession of a pre-arrest bail to an accused on the allegations of ulterior motives, mala fides, humiliation and harassment. To reach such opinion, the Court may look into the conduct of the Prosecuting/Investigating Agency to ascertain their good faith and bona fides which can be gathered from the tentative assessment of the material collected by the Prosecuting Agency. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), 5.324---Cancellation of pre-arrest bail---Parties had a background of previous criminal litigation and old hostilities and false involvement of accused in the case could not be ruled out--­Cancellation of pre-arrest bail granted to accused by Sessions Court did not appear to be just and fair after perusal of police papers and other record produced by the parties---Petition for cancellation of bail was dismissed accordingly. Murad Khan v. Fazal-e-Subhan and another PLD 1983 SC 82; Sarwar Sultan v. The State and another PLD 1994 SC 133; Ali Muhammad v. Yamin and…

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