Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 497(5)---Penal Code (XLV of 1860), S.302/307/149/148/120-B--­Constitution of Pakistan (1973), Art.185(3)---Bail, cancellation of---Contentions that a fugitive from law was not entitled to the privilege of bail and that High Court should have directed the accused to first approach Court of Session for bail were mere technicalities in view of finding of High Court that there were no reasonable grounds for believing that accused had committed the offences of which he was being accused---High Court had not made any error, requiring interference by Supreme Court, in directly entertaining bail application of accused---Leave to appeal was refused in circumstances. Muhammad Aslam v. State 1989 PCr.LJ 2026 and Zahur Ahmad v. State PLD 1974 Lah. 256 ref: (b) Criminal Procedure Code (V of 1898)--- ----S. 497/498---Rule is not absolute that a fugitive from law should under no circumstances be enlarged on bail, although abscondence does constitute a relevant factor when examining question of bail.---[Abscondence]. Muhammad Aslam v. State 1989 PCr.LJ 2026 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 498---Procedure---It is a matter essentially of propriety and not of law that a person accused of an offence should in the first instance move Court of Session for pre-arrest bail before approaching High Court. Zahur Ahmad v. State PLD 1974 Lah. 256 ref. ORDER SAAD SAOOD JAN, J:---This is a petition for special leave to appeal from the order dated 13-1-1990 of the Lahore High Court, whereby the respondent was admitted to pre-arrest bail. 2. On 17-8-1989 at 9.30 a.m. Walayat Randhawa, acting Nazim, Jamiat-i-Tulba Islam, and Behram Khan, a member of the said organization, were proceeding on a motor-cycle from the Government College of Technology, Multan, towards the City. When they reached near Octroi Post No. 14, they were surrounded by a number of persons also riding on motor-cycles. Some of these persons who were carrying automatic rifles opened fire. As a result, both Walayat Randhawa and Behram Khan were seriously injured. Behram Khan died at the spot while Walayat Randhawa was removed to the hospital. Javed Noman, another…

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