Complainant was entitled to notice in bail petition before passing any order favourable to accused.
If Investigating Officer was found of slackness/ignorance in not submitting challan to the Court in time then he should be taken to task as submission of challan under S.173, Cr.P.C. had no relevance with bail matter
In offences entailing punishment with death, imprisonment for life or imprisonment for 10 years, bail should not ordinarily be granted unless there existed reasonable grounds for believing that accused was not guilty of offence charged with.
P L D 1997 Peshawar 173
Before Malik Hamid Saeed, J
Mst. RAMBAIL BIBI‑‑‑Petitioner
versus
MIR ALAM and another‑‑‑Respondents
Criminal Bail Cancellation Application No.92 of 1997, decided on 18th June, 1997.
(a) Criminal Procedure Code (V of 1898)‑‑‑
S. 497(5)‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑ Bail, cancellation of‑‑ Accused was charged in a dying declaration by the injured complainant who later on died.
F.I.R. was lodged promptly within 20 minutes after occurrence.
Brother of complainant/victim who was named in F.I.R. as an eye‑witness had fully supported contents of dying declaration of victim.
Accused was arrested on the same day just after occurrence in a hot pursuit along with a crime weapon having .dpi empty in its chamber.
Crime weapon and empty recovered was sealed there and then and were sent to Arms Expert whose report was in affirmative.
Very arrest of accused in chase on the spot alongwith crime weapon was sufficient and strong ground to connect accused with the commission of offence involving capital punishment.
Accused, thus, was not entitled to concession of bail allowed to him on flimsy grounds in view of the fact that case involved capital punishment.
Order granting bail to accused based on erroneous consideration and arbitrarily, was set aside and bail granted to accused was cancelled by High Court.
(b) Criminal Procedure Code (V of 1898)‑‑‑
S. 497‑‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Bail, application for‑‑‑ Complainant was not made respondent and Court without issuing notice to complainant and without affording any opportunity of hearing to complainant accepted bail application of accused and released him on bail‑‑‑Effect.
Under S.497, Cr.P.C. in offences entailing punishment with death, imprisonment for life or imprisonment for 10 years, bail should not ordinarily be granted unless there existed reasonable grounds for believing that accused was not guilty of offence charged with.
Complainant was entitled to notice in bail petition before passing any order favourable to accused.
(c) Criminal Procedure Code (V of 1898)‑‑‑
Ss. 173 & 497‑‑‑Bail‑‑‑Submission of challan‑‑‑Delay.
Effect‑‑‑Submission of challan within stipulated period no doubt was the foremost duty of the police which . if not performed due to some unavoidable circumstances during investigation, accused would not be benefited of the lapses of Police for good reasons.
If Investigating Officer was found of slackness/ignorance in not submitting challan to the Court in time then he should be taken to task as submission of challan under S.173, Cr.P.C. had no relevance with bail matter.
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