Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 489-F,406

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.489-F & 406--Bail, grant of---Accused had already undergone more than two and a half years' imprisonment, whereas punishment provided for the offence under S.489-F, P.P.C. was upto three years---Validity---Application of S.406, P.P.C. added while framing the charge, would be determined by Trial Court after recording evidence---Contention that if Trial Court proceeded to inflict consecutive punishments in all the six cases against the accused, then his punishment would be of more than ten years, could not be considered at this stage, as such presumption was premature being the exclusive discretion of the Trial Court---Even after dismissal of bail applications of accused by Supreme Court about one and a half years back, there was no tangible progress in trial and he had now sought bail on the fresh ground of delay, which was not available to him earlier---Accused was admitted to bail in each case in circumstances. Makhdoom Javed Hashmi v. The State 2008 SCMR 165 and Ali Sheharyar v. The State 2008 SCMR 1448 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 426---Suspension of sentence pending appeal---Practice and procedure---Convict who has already undergone almost half of his sentence may seek suspension of sentence in the interest of justice, keeping in view the facts and circumstances of a particular case. Makhdoom Javed Hashmi v. The State 2008 SCMR 165 ref. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 369---Successive bail applications---Scope---Fresh bail application can be moved at a subsequent stage on the grounds not available at the time of filing of earlier bail application---Order passed on subsequent bail application would not amount to review of the earlier order on the bail application, as S.369, Cr.P.C. does not apply to such orders. ORDER RAJA SAEED AKRAM KHAN, J.---Yar Muhammad petitioner involved in six cases bearing F.I.Rs. Nos.171/28-6-2006 of Police Station Aabpara, 121/10-4-2006, 122/10-4-2006, 124/11-4-2006, 125/11-4-2006, under section 489-F, P.P.C. and 123/10-4-2006 under sections 489-F/406, P.P.C. all registered with Police…

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