Law: Criminal Procedure Code (V of 1898)

Section: 497(5),497(2)

Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Criminal Procedure Code (V of 1898)   S. 49,7(5) Penal Code (XLV of 1860), S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Cancellation of bail Tentative opinion expressed by High Court in bail matters on the merits of the case is not ordinarily disturbed by Supreme Court. Muhammad Ismail v. Muhammad Rafique PLD 1989 SC 585 ref. Per Saiduzzaman Siddiqui, J.  (b) Criminal Procedure Code (V of 1898)   S. 497(2) -’Further inquiry’ Scope explained Guidelines. A case would only fall within the scope of further inquiry under section 49 ; , Cr.P.C. if the Court reaches the conclusion that on the material before it, there are no reasonable grounds to believe that the accused is guilty of a non bailable offence or an offence punishable with death, imprisonment for life or imprisonment for 10 years. In the absence of a finding to this effect, there will be no occasion for the Court to hold that the case is one of further inquiry. In order to ascertain that no reasonable ground exists to believe that the accused is guilty of a non bailable offence or offence punishable with death, life imprisonment or imprisonment for 10 years, the Court, if the case is still at the stage of investigation will make a tentative 25ssment of the allegations against the accused person in the light of the material so far collected by the investigation agency to connect him with the offence. In case the trial has commenced, the Court taking cognizance of the case may, in addition to the material collected by the police, also take into consideration the evidence produced before it. Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182 ref. (c) Criminal Procedure Code (V of 1898) .  S. 497(5) Penal Code (XLV of 1860), S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Cancellation of bail Accused was specifically charged with the firing on the deceased alongwith co accused both in the F.I.R. as well as in the statements of witnesses recorded under Ss. 161 164, Cr.P.C: Fact that such allegations were only general and no specific injury on the deceased was attributed to the accused, could not make the case against him one of further inquiry Question whether…

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