Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 497 --- Constitution of Pakistan (1973), Art. 185---Bail --- Supreme Court though is reluctant to interfere in bail and similar other matters where exercise of judicial discretion is concerned, yet in exceptional cases where evidently either a provision of law has been misconstrued or wrongly applied or the decision is contrary to the principles laid down by Supreme Court as well as those governing the safe administration of criminal justice, than in the interest of justice it is the Constitutional obligation of Supreme Court to set the matter right. Hafiz Khuda Bakhsh and another v. State PLD l9kg SC 413: Arbab Ali v. Khamiso and others 1985 SCMR 195; Shahid Arshad v, Muhammad Naqi Butt and 2 others 1976 SCMR 360 and Shahadat Ali v. Mubarik Shah and another PLD 1986 SC 347 ref. (b) Criminal Procedure Code (V or 1898) -- --- S. 497(2) --- Further inquiry-- Expression "further inquiry " is not to be taken lightly nor is to be extended unnecessarily. Arbab Ali v. Khamiso and others 1985 SCMR 195 ref. (c) Qanun-e-Shahadat (10 of 1984)-- ---Art.163 --- Procedure of swearing on Holy Quran (oath proceedings) is not applicable in criminal proceedings. (d) Criminal Procedure Code (V of 1898)-- --- S. 497--Qanun-e-Shahadat (10 of 1984), Art. 163 --- Oath --- Taking oath on Holy Quran --- Sanctity of the Holy Quran is such that it cannot be brought in oath or such like matters depending upon convenience or whim of a party --- High Court when seized of only a bail matter was not right to countenance the procedure whereby one of the accused was permitted to take oath in a mosque with regard to guilt or innocence of himself and other accused persons --- Approval of such a procedure by High Court would throw entire administration of criminal justice into-disarray due to prevalent moral standards --- Such procedure was likely to prejudice the trial itself which was to be held by a Court subordinate to High Court. (e) Criminal Procedure Code (V of 1898)-- --- S. 497(2) --- Further inquiry --- Mere filing of affidavits by certain Advocates would riot attract the expression "further inquiry" nor would it amount to two versions ---…

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