Law:

Section:

Criminal Procedure Code (V of 1898)------S. 497-Discretion to grant or refuse bail under section-Must be exercised on judicial principles-Accused charged with offence under S. 161, P. P. C. read with S. S (2) of Act II of,1947-Neither offence punishable with death or transportation for life-.Refusing bail on ground that accused was a Basic Democrat-Order refining bail, held, -ex facie arbitrary and based upon irrelevant consideration. H. T. Raymond, Senior Advocate Supreme Court (M. Zaheer--­uddin Khan, Advocate Supreme Court with him.) instructed by Ameer Ahmad, Attorney for Appellant. S. M. Nurul Hassan,. Advocate Supreme Court instructed by Ijaz Ali Sheikh, Attorney for the State. Date of hearing : 22nd May 1969. JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal by special leave­ arises out of an order of a learned Single Judge of the High Court of West Pakistan, Karachi, dismissing an, application for bail. The appellant who is a Basic Democrat of Union-, Committee No. 100 and Unit No. 1380 of Karachi, was charged with having illegally accepted a bribe of Rs. 200 from one­ Abdur Rashid, for assisting him in getting back his wife, Mst. Shaheen who had allegedly disappeared from home on the 4th June 1968. On this charge he was arrested on the 27th July 1968, by the Special Police Anti-Corruption. He applied for bail on the 31st July. 1968, before the learned Sessions Judge of Karachi as the Special Judge Anti-Corruption Provincial was absent on that date. This application was rejected. Hence a bail application was moved on the 1st August 1968 before the High Court, Karachi Bench. This too was rejected on the 3rd August 1968. Subsequently, a challan was put in by the police and then, a bail application was again moved before the learned Sessions. Judge, Karachi, but that too was rejected on the ground that the applicant was arrested red-handed in a trap in presence of a Magistrate. From this order the appellant again went up to the High Court of West Pakistan, Karachi Bench but the High Court on the 26th August 1968, refused to enlarge the appellant on bail on the ground that since he was a Basic Democracy Member, his enlargement on bail would not be proper in a…

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