Law: Pakistan Penal Code, 1860

Section: 302,452,337F(i),148,149

Law: Criminal Procedure Code (V of 1898)

Section: 91,497,496,204,Schedule2,497(2)

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(2), 91, 204 & Sched. Cl. (2)---Penal Code (XLV of 1860), Ss.302, 452, 337-F(i), 148 & 149---Bail, grant of---Seeking bail in challan case---Accused persons had claimed that as they had already been granted bail in the complaint case, they should also be enlarged on bail in challan case as a matter of right applying S.91, Cr.P.C.---Validity---Section 91, Cr.P.C. was general in nature and it was applicable to a person whose appearance was required---Section 91, Cr.P.C. was applicable not only to accused persons, but it was also applicable to the witnesses---Section 204, Cr.P.C. also directly dealt with accused and essential ingredients to call accused---If accused was required to be proceeded against then to procure his attendance, the court should, have issued summons or warrant considering the nature of each case by following column No.4 of Schedule 2, Cr.P.C.---Bail could not be granted to accused in challan case as a matter of right merely on the ground that he had been admitted to bail in a private complaint regarding the same occurrence, because S.497, Cr.P.C. would be applicable for decision of the bail petition on merits available to accused in the challan case---In the present case neither S.91, Cr.P.C. nor S.204, Cr.P.C. was applicable as accused had been challaned by the police on the basis of F.I.R. registered against them and they were present in that case---Accused were not entitled to bail as a matter of right under S.91, Cr.P.C. as no process under S.204, Cr.P.C. was issued against them in the challan case---Bail in complaint case was allowed to accused persons merely on technical grounds without discussing the facts and merits of the case---Bail petition had to be decided under S.497, Cr.P.C. which was directly applicable in the case. Mazhar Hussain Shah v. The State 1986 PCr.LJ 2359; Syed Muhammad Firdaus and others v. The State 2005 SCMR 784; Noor Nabi and 3 others v. The State 2005 PCr.LJ 505 and Zia ur Rehman Sajid v. Muhammad Aslam and another 2005 PCr.LJ 1706 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), Ss.302, 452, 337-F(i), 148 &…

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