Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S. 497---Penal Code (XLV of 1860), Ss.147, 148, 337-A (i), 337-A(ii), 337-L(b), 337-F(i), 354, 440/149 & 34---Constitution of Pakistan (1973), Art.185(3)---Bail, grant of---Offence not falling within the prohibitory clause of S.497 Cr.P.C.---Accused with the help and connivance of law enforcing agencies violated and negated to the rule of law by forcibly taking over the possession of property from complainant---During the course of occurrence, the accused demolished buildings owned by complainant---Accused also humiliated the complainant by causing injuries on some of their party-men by launching attack with other co-accused---To accomplish the object of taking over the possession, the accused persons were armed with deadly weapons thereby making each member of unlawful assembly guilty of the commission of the offence---Plea raised by the accused was that the offences did not fall within the prohibitory clause of S.497 Cr.P.C.---Validity---Offences for which the accused persons had been charged entailed punishment not more than five years, and the same did not fall within the category of non-bailable offences---Accused persons were not entitled as a matter of right for release on bail, notwithstanding the fact that the case of the accused was covered under the non-prohibitory clause of S.497 Cr.P.C.---In view of the exceptional and extraordinary circumstances of the case, the principle of grant of bail in offence punishable with imprisonment for less than ten years being a rule and refusal being exception, would not be of any help to the accused---High Court had rightly refused bail to the accused-Petition was dismissed. Tariq Bashir v. The State PLD 1995 SC 34; Muhammad Aslam v. The State through Advocate-General 1997 SCMR 251 and Muhammad Siddique v. Imtiaz Begum and 2 others 2002 SCMR 442 rel. (b) Criminal trial--- ----Deciding of criminal cases---Principle---Each criminal case has its own features and is required to be decided on its own merits independently. Mrs. Manzoor and 4 others v. The State PLD 1972 SC 81 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497 (1)---Bail, grant of---Cases falling…

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