ALI AKSAR SHAH versus BANARAS
Criminal Code of Conduct (CR PC) Section 497 (5) Contempt of Conduct (XLV of 1860), 5 302 Constitution of Pakistan (1973), Article 185 (3) Guaranteed, Appeal granted to consider the question of cancellation of leave If the High Court were to see that it was a matter of further investigation. Section 497 (2) CCP was applied only when the High Court found out that the accused had not been prosecuted on the reasonable grounds of believing that he had committed a non-bailable offense. But there were plenty of grounds for further investigation into the crime - and since there were no such suspects, they could not be allowed to bail, and that was the real reason with the High Court. Since both FIs have shown that the two cross cases were important, the question for determination was which of the first parties to initiate the incident and that itself was hardly possible under Section 497, CR PC There was scope to obtain bail under section (1) or to provide the information required for the above (2) f section 497, CR P.
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