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Criminal Petition for Special Leave to Appeal No. 285 of 1967, decided on 4th December 1967.
(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 23rd October 1967 in Criminal Miscellaneous No. 4300 of 1967).
Ss 497 & 498 Bail‑High Court's power to grant bail under S. 498‑Subservient and ancillary to S. 497‑Limited to cases of old age, physical infirmity or sex.
Muhammad Ayub v. Muhammad Yaqub P L D 1966 S C 1003 ref.
S. 498 ‑Bail in non‑bailable offence‑Leave to appeal to Supreme Court granted to consider question whether High Court acted with jurisdiction in releasing accused charged under S. 307, Penal Code, 1860 during pendency of trial‑Issue of non‑bailable warrants against accused ordered‑Constitution of Pakistan (1962), Art. 58(3).
Qamar‑ud‑Din Mian, Advocate Supreme Court instructed by Abdul Karim Sheikh, Attorney for Petitioner.
Sultan Ahmad Khawaja, Advocate Supreme Court instructed by Masud Akhtar, Attorney for Respondent No. 1.
Date of hearing: 4th December 1967.
The High Court has, in exercise of powers conferred under section 498, Cr. P. C. granted bail to Muhammad Latif, respondent, charged with the offence of murderous assault on the petitioner.
As held in the case of Muhammad Ayub v. Muhammad Yaqub (P L D 1966 S C 1003), 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 punish able with death or transportation to old age, physical infirmity or sex. Prima facie none of these considerations was applicable to the present case.
A question, therefore, arises whether the High Court has acted with jurisdiction in releasing the respondent on bail during the pendency of his trial under section 307, P. P. C.
Leave to appeal is granted. Non‑bailable warrants for the arrest of Muhammad Latif, respondent No. 1, to issue.
Petition accepted.
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