Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 419/420/468/471

(a) Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss.419/420/468/471---.---Cheating by personation, forgery and using as genuine a forged document---.---Bail, refusal of---.---Accused by producing a bogus result card before Punjab Bar Council had got a licence for legal practice and had been looting the innocent persons by posing himself to be an Advocate---.---Result card was proved to be bogus one after inquiry---.---Accused till date had not produced his degree issued by Punjab University to prove having passed LL.B. examination---.---Such persons could not be let loose on the society to repeat the offence---.---Offence charged against accused, no doubt, did not fall within the prohibitory clause of S.497(1), Cr. P. C. where grant of bail was a rule and refusal an exception, but case of accused in view of above circumstances was an exceptional case and an exception could be used against him---.---Challan had been submitted in the court, charge had been framed and the case was fixed for prosecution evidence---.---Bail was declined to accused in circumstances. Tariq Bashir v.. The State PLD 1995 SC 34 ref. Shameel Ahmad v. The State 2009 SCMR 174; Ijaz Ahmad v. Muhammad Aslam and others 2009 PCr.LJ 1140 and Izat Khan and 2 others v. The State 2001 PCr.LJ 291 rel. (b) Criminal Procedure Code (V of 1898)---.--- ---.---S.497---.---Bail---.---Cases not falling within the prohibitory clause of S.497(1), Cr.P.C.---.---Practice and procedure---.---Grant of bail in cases not hit by the prohibition contained in S.497(1), Cr.P.C. is not a rule of universal application---.---Each case has to be dealt with on its own facts and circumstances---.---Court may decline bail to an accused in such cases in the presence of recognized exceptional circumstances---.---However, exercise of discretion by the court in the matter of granting bail to accused cannot be perverse, fanciful or arbitrary. Shameel Ahmad v. The State 2009 SCMR 174; Ijaz Ahmad v. Muhammad Aslam and others 2009 PCr.LJ 1140 and Izat Khan and 2 others v. The State 2001 PCr.LJ 291 ref. THIS ORDER PASSED BY: KHAWAJA MUHAMMAD SHARIF, CHIEF JUSTICE---.--- Learned counsel for…

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