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Criminal petition decided on 15th March, 1950.

section 498‑Con. trolled by section 497‑Sessions judge not giving reasons for bail ‑‑Case under section 302, Pakistan Penal Code‑Bail cancelled by High Court.

The powers of a Sessions judge under section 498, Criminal Procedure Code, is controlled by the provision of section 497, Criminal Procedure Code.

When the Sessions judge hats not stated his reasons for admitting to bail persons accused of murder under section 302, Pakistan Penal Code, bail was cancelled by the High Court.

Six persons Sultan, Azim, Ramzan, Allah Ditta, Ahmad Din and Muhammad Din are being tried in the Court of learned Sessions Judge, Bahawalpur, under section 302, Indian Penal Code, probably read with section 149, Indian Penal Code. During the pendency of the trial the learned Sessions judge released five persons out of the six, i.e., Azim, Ramzan, Allah Ditta, Ahmad and Muhammad Din on bail. This is an applica tion on behalf of the complainant for the cancellation of the bail of five persons mentioned above. It appears that the learned Sessions judge has exercised his powers under section 498 of the Criminal Procedure Code. It is a settled law that section 498 is controlled by section 497 of the Criminal Procedure Code section 497 reads, "When any person accused of any non‑bailable offence is arrested 'or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, he may be released on bail but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of, (an offence punishable with death or transportation for life).

Provided that the Court /may direct that any person under .he age of sixteen years or any woman or any sick or infirm, person accused of such an offence be released on bail".

In 1944 Cal. 25 it is laid down: "We think that the ale laid down in section 497 for the guidance of Courts other ban the High Court is a rule founded upon justice and equity and one which should be followed 'by us as well as by every other Court unless anything appears to be contrary. The ex tended powers given to the High Court under section 498 are certainly not to be used to get rid of this very reasonable and prop r provision of the law".

I have stated above that under section 497 Criminal Procedure Code a person cannot be released on bail if there appear reasonable ground for believing against him that he has been guilty , of the offence punishable with death or transportation for life, It has also been pointed out above that the accused are being tried by the learned Sessions Judge under section 302 Indian Penal Code and more probably read with section' 149 Indian Penal Code. The charge no doubt is silent as to the applicability of section 149 Indian Pena9 Code but the learned G. A. rightly argued that the joint trial of all the accused could not be put under .section 302 ,Indian Penal Code read with section 149 Indian Penal Code. There remains no doubt me to conclude in the face of these circumstances that the power exercised by the learned Sessions Judge under section 498 Criminal Procedure Code were controlled by the provision of section 497 Criminal Procedure 'Code. , The learned Sessions judge in his order under revision lies given no reason which could be treated as convincing to release the four respondents on bail, i.e., Ramzan. Allah Ditta, Ahmad and Muhammad Din. 1n these circumstances I am of opinion 4hat in this case the order of release ought trot to Nave been passed in favour of these respondents. I, therefore, accept this petition and cancel the bail of these four respondents and direct them to surrender themselves forthwith to the learned Sessions judge to be sent to the judicial lock‑up. The case of Azeem is covered by the proviso to section 497 Criminal Procedure Code hand the petition against him is dismissed.

A. H. Bail Cancelled.

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