Cancellation of bail;Grounds and issues.

#Bail #Cancellation #Law #LawLectures Subscribe my channel and press bell button to get updates about my latest lectures.Grounds of bail Offence doesn't fall within prohibitory clause of sec497 Dellay in fir Not nominated in fir Involved through supplementary statement which has no value in the eyes of law No identification parade has been conducted as per law and dictum of appex courts Dellay in recording statements of wittiness Witnesses are close relative of complaint(no independent eye witnesses) Material contradiction between fir,MLC and opinion of police Ready to submit surety as per satisfaction of court No more required for the purpose of investigation None has been recovered from the possession of accused Recovery is such as easily fascinated There is no specific role attributed to accused Accused is previously non convicted and non record holder Case of accused primefacie is one of further enquiry Accused is infirim, child, woman and sick Accused is entitled the concession of bail on the rule of consistency and principle of proprietary.منسوخی ضمانت کی وجوہات سپریم کورٹ آف پاکستان نے اپنے اس مفصل فیصلہ میں وہ وجوہات تفصیل کے ساتھ بیان کی ہیں جن کی بنا پر ایک ملزم کو عطا کی ضمانت کو منسوخ کیا جا سکتا ھے Criminal Procedure Code (V of 1898)--- S. 497(5)---Bail, cancellation/recalling of- Grounds for cancelling or recalling bail stated. Following are some of the grounds upon which bail granted to an accused may be cancelled/recalled: i) If the bail granting order is patently illegal,erroneous, factually incorrect and has resulted into miscarriage of justice. ii) That the accused has misused the concession of bail in any manner. iii) That accused has tried to hamper prosecution evidence by persuading pressurizing prosecution witnesses. iv) That there is likelihood of absconsion of the accused beyond the jurisdiction of court. v) That the accused has attempted to interfere with the smooth course of investigation. vi) That accused misused his liberty while indulging into similar offence. vii) That some fresh facts and material has been collected during the course of investigation which tends to establish guilt of the accused. 2020 SCMR 1115