Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Criminal Procedure Code, 1898 (V of 1898)-- —-S.497(5)--Bail granted in an offence under Section 307 PPC--Cancellation of- -Forfeiture of surety-Challenge to-Thcre was no reason to suspect medical certificate produced by applicant, and if at all Additional Sessions Judge doubted  ts correctness, proper course was to direct medical examination of applicant-Power under Section 497(5) has to be exercised with care and circumspection and there should be satisfactory evidence to show that  ccused was thwarting course of justice by adopting dilatory tactics-Held: Order dated 16.2.1991 passed by Additional Sessions Judge cancelling bail of applicant was improper and arbitrary and as a necessary  orollary to this finding, order dated 1.7.1991, directing surety to deposit amount of surety is liable to be set aside-¬ Revision accepted.                                   [Pp.l70171]A,B,CD   PLD 1965 Karachi 516 rel. JUDGMENT The facts of the case which have occasioned this revision filed under Section 435/439, read with Section 561-A, Cr.P.C. lie within a narrow orbit and may be briefly indicated. 2. Applicant Rana Masood Ahmad is facing trial in a case under Section 307/34 PPC (Crime No.204 of 1989), North Nazimabad P.S., in the Court of I- Additional Sessions Judge (Central) Karachi. The applicant who was on bail resided in Lahore, from where he used to come to Karachi to attend the Court on every date of hearing. However, he met with a serious accident resulting into fracture of his right fourth rib and damage to spinal cord, which prevented him from attending the Court. On 16.2.1991 the advocate for applicant made an application duly supported by a medical certificate seeking condonation of his absence on account of severe pain in spinal cord. The application was, however, rejected by learned I Additional Sessions Judge (Central) Karachi, with the following order:--Old case. M.C. is not countersigned by Medical Superintendent and R P shows that accused is in habit of giving applications. Complainant Khalid Mahmood is present. APP opposed application. Application…

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