Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Constitution of Pakistan, 1962

Section: 58(3)

(a) Criminal Procedure Code (V of 1898)---- ----S. 498 Bail before arrest  Case cannot be decided on merits on bail application. (b) Criminal Procedure Code (V of 1898)----- ----S. 498 Bail before arrest Leave to appeal sought against order of High Court refusing bail  No ground for interference shown Petitioner advised to move trial Court in matter Petition dismissed Constitution of Pakistan (1962), Art. 58 (3). S. Aftab Hussain, Senior Advocate Supreme Court (M. Bashir Ahmad, Advocate Supreme Court with him) instructed by Muhammad Mehdi Anwar, Attorney for Petitioner. Nemo for the State. Date of hearing:  6th October 1967.JUDGMENTHAMUODUR RAHMAN, J. This is a petition for special leave to appeal from an order of a learned Single Judge of the High Court of West Pakistan refusing to enlarge the petitioner on bail under section 498 of the Code of Criminal Procedure.It appears that the petitioner has been charged along with several other persons under sections 302/149, 307/149 and 148 of the Pakistan Penal Code. He was enlarged on bail by the learned Sessions Judge of Lyallpur on his application that he had to appear in the B. Sc. examination which was to be held from the 23rd of May 1967, to the 15th of July 1967. He had to surrender on the 17th of July 1967, but instead of doing so he moved the High Court for bail before arrest on 12th. July 1967, on the ground that he was not the person who was an accused in the case and that it was unlikely that he, who was a student studying in the B. Sc. class and about to take his examination, would be so foolish as to get himself involved in a case of this nature.The High Court refused to go into this question, particularly, since some…