Offences falling under prohibitory clause of S.497, Cr.P.C

Offences falling under prohibitory clause of S.497, Cr.P.C..

Factors to be considered. Scope. - 

---------------------------------------------

Courts have to consider following factors while deciding Bail applications in cases of offences punishable with death, imprisonment for life or imprisonment for ten years:- 

(1) Benefit of reasonable doubt. 

(2) Identity of accused. 

(3) Role attributed to each of accused and part allegedly played by accused in occurrence. 

(4) His presence at spot. 

(5) Question of vicarious liability. 

(6) Allegations mentioned in FIR 

(7) Statements of PWs recorded u/s 161, Cr.P.C. 

(8) Other incriminating material collected by prosecution. 

(9) Any plea raised by accused. 

The aforesaid principles are supported by various pronouncements including Tariq Bashir's case (PLD 1995 SC 34) and Muhammad Nawaz Khan's case (1994 SCMR 1064). 

It is also settled principle of law that this Court is a Constitutional Court and normally does not interfere with matters concerning grant of Bail or refusal of Bail by the learned High Court. See Muhammad Ismail's case (PLD 1989 SC 585), Sultan Khan's case (PLO 1997 SC 642) and Haji Gulu Khan's case (1995 SCMR 1765). 

It is also settled principle of law that the observatons made by the superior courts, while dealing with question of bail, are intended only for that limited purpose. Mere mentioning the name of the accused in Column No.II while submitting challan by the police does not debar C the courts to evaluate the material on record and finding of the police is not binding on the court and that while granting or refusing bail, the courts can take into consideration this aspect of the case. 

See Haji Inyat¬ul-Haqs's,case (1988 SCMR 1743), Iqbal ur Rehman's case (PLD 1974 SC 83) artd Gul Ahmed's case (1997 SCMR 27). 

It is also settled law that each and every criminal case is to be decided on its own peculiar circumstances and facts. 

-----------------------------------------------------------------

[2010-SCJ-504] (Iftikhar Muhammad Ch., C.J., Ch. Ijaz Ahmad & Jawwad S-Khawaja, Jj.) Mudassar Altaf Vs. State.