AAMIR SAMI vs Mst. RUBY and anothers
This matter comes before the High Court through a criminal miscellaneous application filed under Section 497(5) and Section 561-A of the Code of Criminal Procedure 1898, whereby the applicant challenged orders passed by the Additional District and Sessions Judge granting post-arrest bail to respondent No. 1 in a case registered under Sections 448, 380, 457, and 34 of the Pakistan Penal Code 1860. The core legal question concerns whether bail granted to an accused on merits by a trial court warrants cancellation under Section 497(5), Cr.P.C. The Sindh High Court held that the provisions of Section 497(5), Cr.P.C. are not punitive in nature and bail should not be cancelled unless the bail-granting order is patently illegal, erroneous, factually incorrect, leading to a miscarriage of justice, or where the accused misuses the concession of bail or tampers with evidence. Finding no such illegality, misuse, or tampering on record, the Court dismissed the application for bail cancellation, affirming the principle that discretionary bail orders passed on merits after proper appreciation of evidence will not be interfered with lightly.
- Whether the provisions of Section 497(5) of the Code of Criminal Procedure 1898 are punitive in nature?
- On what grounds can bail once granted by a trial court be cancelled under Section 497(5) of the Code of Criminal Procedure 1898?
- Does the absence of illegality or misuse of concession in a bail-granting order warrant the dismissal of an application for bail cancellation?
- Section 497(5), Code of Criminal Procedure 1898
- Section 561-A, Code of Criminal Procedure 1898
- Section 448, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 457, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' ABDUL MAALIK GADDI, J.---' Through this application under section 497(5), Cr.P.C. Read with section 561-A, Cr.P.C., the applicant has challenged the orders dated 20-11-2012 and 21-1-2013 passed by the learned IVth Additional District and Sessions Judge, Karachi East, whereby the learned Judge after hearing the parties admitted the respondent No.1 on bail in Crime No.646 of 2012 registered under section 448/380/ 457/34, P.P.C. At Police Station Ferozabad, Karachi East.
2. ' I have heard the parties Advocates at considerable length and have gone through the impugned orders. As the respondent No.1 namely Mst. Ruby daughter of Saeed Ahmed was granted bail by the learned trial Court on merit and after considering all the material available before him.
3. ' Provisions of section 497(5), Cr.P.C. Are not punitive in nature and there is no compulsion for cancelling bail, unless bail granting order is patently illegal, erroneous, factual incorrect and has resulted in miscarriage of justice or where accused were found to be making efforts to misuse concession of bail by extending threats or tampering with prosecution case.
4. 'Nothing on record to suggest that the applicant either misuse the concession of bail or she has made an attempt to tamper the prosecution evidence. On the contrary it reveals that the applicant has been granted bail after proper appreciation of evidence on record. Learned counsel for the applicant though has prayed for cancellation of bail but he was not in a position even to point out any of the illegality in the order passed by the learned trial Court while passing bail order. Learned A.P.-G. Has also not supported the application in hand. No case is made out for cancellation of bail, I, accordingly under the aforementioned facts and circumstances of the case dismissed this Criminal Miscellaneous Application.