MUHAMMAD HUSAIN vs MUSHTAQ AND Another
This petition for leave to appeal arises out of an order passed by the High Court granting bail to the respondent. The core legal question before the Supreme Court was whether the High Court was justified in holding that the case fell within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. In the absence of any representation on behalf of the petitioner at the hearing, the Court examined the matter on merits, including the First Information Report, the bail application, and the impugned order. The Supreme Court held that the conclusion reached by the High Court was fully justified and accordingly dismissed the petition as being without merit. The key principle laid down is that where a criminal case falls within the ambit of further inquiry under section 497(2) of the Code of Criminal Procedure 1898, the grant of bail by the High Court is warranted and unexceptionable.
- Whether the grant of bail is justified when a criminal case falls within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Can a petition for leave to appeal against an order granting bail be decided on merits in the absence of the petitioner?
- Section 497(2), Code of Criminal Procedure 1898
ORDER
1. ASLAM RIAZ HUSSAIN, J.-This petition by Muhammad Husain is directed against the order of the High Court dated 16-4-1980 whereby bail was granted to Mushtaq, respondent. The case has been called out. It is 12-05 p.m. But no one is presents to press the petition. We, therefore, proceed to consider the same on merits. Having gone through the F. I. R., bail application before the High Court; the impugned order and the present petition, we feel that the conclusion of the High Court that the case in question is one of further enquiry envisaged by section 497 (2), Cr. P. C. Is justified. The petition is, therefore dismissed as being without merit.