Law: Criminal Procedure Code (V of 1898)

Section: 497,498

Law: Penal Code (XLV of 1860)

Section: 324/337-H(ii)/148/149

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Penal Code (XLV of 1860), Ss.324/337-H(ii)/148/149---Bail, grant of---Principles---Ipsi dixit of police though was not binding on the courts, but the proceedings taken during the investigation could be taken into consideration in conjunction with or in contradistinction of the other circumstances of the case---Appreciation of evidence and drawing conclusion therefrom was the exclusive function of the Trial Court; and same could not be pre-empted by the superior courts dealing with an ancillary matter of grant of bail pending the trial, but the law had not prohibited provisional or tentative assessment of case at bail stage---Tentative appreciation of evidence was always to be distinguished from elaborate sifting of evidence and if the plea taken by the complainant was borne out by tentative assessment of the evidence, the bail could be refused---Bail was to be allowed, if grounds were for further enquiry into the guilt of accused---Bail matter could not be decided in vacuum and the available material could be looked into---Court could not refuse to look at the result of the medico-legal examination of the victim when available on record---Deeper appreciation of evidence, would essentially imply going far down from the top to the surface of the record; and with a relatively greater impact as against the facts prima facie borne out on the record---Where, however, the position of the injuries was clearly and categorically given in the F.I.R. as well as in the medico-legal report; and the position depicted by both was patently neither in conflict with each other; nor was in consonance, the distinction or the contradiction, if brought out therefrom, could not be termed as deep appreciation of evidence. Muhammad Hanif v. Manzoor and others 1982 SCMR 153 ref: (b) Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss.324/337-H(ii)/148/149---Pre-arrest bail, confirmation of---Further inquiry---Contents of F.I.R. had revealed that accused and his co-accused were alleged of giving firearm injuries to the victim---Fire-arm injury allegedly given by accused had its…

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