1968 P Cr (PLP)

Criminal Procedure Code (V of 1898)

S. 561-A read with S.497-Bail-Approver detained in custody in a case involving offence under Ss. 395 do 397, P. P. C.-No trial in progress nor any likelihood of such trial in near future-High Court can, in exercise of inherent powers, prevent abuse of process of Court by admitting approver to bail in circumstances of case. Criminal Misc. No. 3692 of 1966 and A. L. Mehra v. The State A I R 1958 Pb. 72 ref. Abid Hassan for the State. The petitioner is being detained in custody as an approver in a case involving offences under sections 395 and 397, P. P. C. The petitioner represents through jail that he has been under detention in jail since 21st July 1965, and the accused Muhammad Hanif, Ahmad Khan and Muhammad Aslam are on bail and that one of the accused Shahab Din is reported to be confined in Jhang Jail as a condemned person. By my order dated the 2nd April 1968, the learned Magistrate was directed to proceed with the case, day to day and report the progress of the case to this Court. The learned Magistrate in his report dated the 11th April 1966, has stated that the accused are not appearing in the Court and every effort is being made to secure their attendance. One thing that is obvious is that there is no trial in progress no there is likelihood of such a trial in the near future and in such a case this Court in exercise of its inherent powersun der section 561-A, Cr. P. C. can prevent the abuse of the process of the Court by admitting the approver to bail who has been in confinement for several months. 2. In an identical case (Criminal Misc. No. 3692 of 1966) I admitted the approver to bail by my order dated the 26th of January 1967. Learned counsel for the State also cited before me A. L. Mehra v. The State (A I R 1958 Ph. 72) where Bhandari, C. J. and Tek Chand, J. observed:- "If there is no such trial and no likelihood of such a trial then cessante ratione lex ipse cessante." 3. In the peculiar circumstances of this case I consider that it is prominently a fit case where the approver should be admitted to bail. Therefore, I admit him to bail in the sum of Rs. 10,000 (ten thousand) with one surety in the like amount to the satisfac tion of the A. D. M., Lahore. The approver may be informed of this order immediately. Petition accepted. .