Law:

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Criminal Procedure Code (V of 1898), -----------S. 497-Cancellation of bail in non-bailable offence-Considering question whether reason able grounds exist for believing accused guilty-Court merely has to look at materials placed before investigating agency and be prima facie satisfied about guilt of accused-"Grounds" entirely different from "evidence". It is now well settled that in determining question, as to whether reasonable grounds appear for believing that an accuses person is guilty or not for the purposes of bail, the Court ha not to examine the merits of the prosecution case or the plea o: the defence or to make an appraisal of the material on the record but, merely "to look at the materials placed before it by the investigating agency and be prima facie satisfied that some tangible evidence can be offered which, if left un-rebutted, ma lead to the inference of guilt." Where a prima facie case, upon the taking of evidence, is found to exist, that is also ordinary sufficient for holding that there are reasonable grounds for believing that the person charged with the offence is guilty. Under section 497 of the Criminal Procedure Code all that is necessary is to see is whether "reasonable grounds" exist. Now "grounds" are entirely different from "evidence". "Grounds" may or may not constitute "evidence", but, nevertheless, they can be taken into consideration. Muhammad Ayub v. Muhammad Yaqub and another P L D 1966 S C 1003; Khalid Saigol v. The State P L D 1962 S C 495; Nadara v.'Jamait Khan and another P L D 1968 S C 310; Ghulam Farid and another v. The State 1969 S C M R 80 and Ahmad Bakhsh v. The State 1969 S C M R 266 ref. M. Sleem, Senior Advocate Supreme Court, Aftab Farrukh, Advocate Supreme Court instructed by Abdul Karim, Attorney for Petitioner. Kh. Sultan Ahmad, Advocate Supreme Court instructed by Maqbool Ahmad Qadri, Attorney for Respondent No. 1. Nemo for the. State. Date of hearing : l3th October 1969. JUDGMENT HAMOODUR RAHMAN, C. J.-With regard to an incident which took place at about 4 p.m. on the 9th January 1969, in the premises of Bakar Mandi, Lahore, resulting in the death of two persons, belonging to the Gujjar Party, two cross-cases…

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