Law:

Section:

(a) Criminal Procedure Code (V of 1898)-----Ss. 497/498---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by the Supreme Court to consider whether after withdrawal of first bail petition, second bail application was maintainable or not. (b) Criminal Procedure Code (V of 1898)- ----Ss. 497/498---Bail---Successive bail applications---Duty of counsel----­Counsel was duty-bound to mention in bail application filed by him the fact of having filed previous application for bail alongwith result thereof. (c) Criminal Procedure Code (V of 1898)-- ----Ss. 497/498---Constitution of Pakistan (1973), Art.185(3)---Bail--­Decision of first and subsequent application by the same Judge---Supreme Court disapproved the practice of withdrawing bail application from one Judge and then making a fresh application soon thereafter, so that it might be dealt with by another Judge---Subsequent bail application must be placed before the same Judge, who had dealt with the first bail application. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 497/498---Bail---Second or successive bail applications---Practice of filing successive bail applications in the same case either by same accused or his co-accused and getting it fixed before a different-Judge would result in conflicting s and encourage malpractice by -accused persons to bring the judicial system into disrepute---Conflicting order given by another Judge in subsequent application might give rise to a false impression that second order was based on extraneous considerations. (e) Criminal Procedure Code (V of 1898)--- ----Ss. 497/498---Bail---Simple withdrawal of bail application ---Effect--­Withdrawal of bail application simpliciter would not mean that it was dealt with on merits or on grounds pressed---Such withdrawal would not be a bar in moving a second bail application, which must be heard by the same Judges)/Bench allowing the withdrawal of first bail application. (f) Criminal Procedure Code (V of 1898)--- ----Ss. 497/498---Bail---Subsequent bail application---Fresh ground---Ground not urged even though available at the time of earlier bail application, which was decided on merits, would not constitute…

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