| Citation(s) |
|---|
| 2008 SLG 564 2008 SLD 564 2008 PLD 208 |
Lahore High Court
Criminal Miscellaneous Nos. 2192/CB and 4396-CB of 2007, decided on 21st January, 2008
TARIQ SHAMIM, J
Petitioner in person. Tasawar Hussian Qureshi for
Respondents Nos. 2 to 4 (in Criminal Misc. No. 2192-CB of 2007 and for
Respondent No. 2 (in Criminal Misc. No. 4396-CB of 2007). Ahsan Rasool Chatha, Deputy Prosecutor-General for the State along with Ghul
Criminal Miscellaneous Nos. 2192/CB and 4396-CB of 2007, decided on 21st January, 2008
TARIQ SHAMIM, J
Petitioner in person. Tasawar Hussian Qureshi for
Respondents Nos. 2 to 4 (in Criminal Misc. No. 2192-CB of 2007 and for
Respondent No. 2 (in Criminal Misc. No. 4396-CB of 2007). Ahsan Rasool Chatha, Deputy Prosecutor-General for the State along with Ghul
MOHIB ULLAH HANIF
VS
THE STATE and 3 others
Law: Pakistan Penal Code, 1860
Section: 337A(i),337A(iii),337L(2),353,354,186,14 7,148
Law: Criminal Procedure Code (V of 1898)
Section: 497,497(5),497(1)
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(1) & (5)---Bail, cancellation of---Principles---Offences falling in prohibitory clause of S.497, Cr.P.C.---Effect---Considerations for cancellation of bail are different from considerations for grant of bail---Section 497(1), Cr.P.C., though prohibits grant of bail for offences punishable with death, imprisonment for life or imprisonment for ten years or more, yet S.497(5), Cr.P.C. does not make it obligatory on court to cancel bail even when such offence is punishable with death. Miandad v. The State 1992 SCMR 1289 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail, cancellation of---Vicarious liability---Scope---Question of vicarious liability can be gone into by Trial Court at the time of trial as such question calls for further probe into the matter. Ghulam Qadir alias Mama V. The State 2004 MLD 33 rel. (c) Criminal Procedure Code (V of 1898)--- ---S. 497(5)---Penal Code (XLV of 1860), Ss. 337-A(i), 337-A(iii), 337-L(ii), 353, 354, 186, 147 & 148---Bail, cancellation of---Filing. of challan---Pendency of trial---Accused were admitted to bail by Lower Appellate Court---Trial proceedings were in progress after finalization of investigation---Effect---Strong and exceptional grounds were needed to get bail cancelled which were not available in the present case---Trial proceedings were in progress, therefore, High Court declined to dilate upon the merits of the case and to cancel bail granted to accused by Lower Appellate Court---Petition was dismissed in circumstances. ORDER TARIQ SHAMIM, J.---Through this order, I propose to dispose of Criminal Miscellaneous Nos. 2192-CB/2007 and 4396-CB of 2007 as both relate to the same F.I.R. 2. The petitioner who is the complainant of case F.LR. No.733 of 2006 dated 19-11-2006 for offences under sections Ss.337-A(i), 337-A(iii), 337-L(2), 353, 354, 186, 147 & 148, P.P.C. registered at Police Station Ichhra, Lahore, has filed Criminal Miscellaneous No.2192-CB of 2007 seeking cancellation of pre-arrest bail allowed to respondents Nos.2 to 4 and Criminal Miscellaneous No.4396-CB of 2007 seeking cancellation of post-arrest bail allowed to…
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