Full Judgment Text & Judicial Ruling

1968 P Cr

1968 P Cr. L J 1932

[Baghdad‑ul‑Jadid]

Before M. Jamil Asghar, J

ABDUL REHMAN AND ANOTHER‑-Petitioners

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 186 of 1968/BWP decided on 1st June 1968.

Criminal Procedure Code (V of 1898),

S. 498 read with S. 497‑--Bail before arrest‑--Power of High Court to grant bail under S. 498‑--Subservient and ancillary to S. 497 which limits power to grant bail to considerations of old age, physical infirmity or sex--‑No such consideration applicable in case‑--Bail refused.

Muhammad Ayub v. Muhammad Yaqoob P L D 1966 S C 1003 fol.

A. Hameed for Petitioners.

Mustafa Khan for the State.

JUDGMENT

The offence alleged to have been committed by the petitioners falls under section 307, P. P. C. which is punishable with transportation far life. It has been held in case Muhammad Ayub v. Muhammad Yaqoob (P L D 1966 S C 1003) that the power of the High Court to grant bail under section 498, Cr, P. C. is subservient and ancillary to section 497, Cr. P. C., which limits the power to grant bail in a case punishable with death or transportation for late to old age physical infirmity or sex. Prima facie none of these considerations are applicable to the present case. The bail application is accordingly dismissed.

Petition dismissed.

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