1. ' This Criminal Revision has been moved on behalf of the present applicant with the prayer that the application moved by respondent No,2 under section 497(5), Cr.P.C. Be dismissed after examining the legality, propriety and correctness of the proceeding before the Sessions Judge, Karachi (South).
2. ' Briefly the facts relevant for the purposes of this matter are that the present applicant was granted bail before arrest by the Sessions Judge, Karachi (South) in Cr. Bail Application No,.612 of 1993 pertaining to case registered vide FIR No, 344/93 under section 420/406, P.P.C. After grant of interim and subsequent confirmation of the bail to the present applicant, the respondent No,2 has moved the application under section 497(5), Cr.P.C. For cancellation of the same and it is against making of such application that the present revision application has been instituted. Thus, the point which requires consideration at this stage is as to whether this revision application would be maintainable in law? The contention of the learned counsel for applicant is that since the bail is confirmed by the Sessions Judge, the said Court has become functus officio and the aggrieved party can only seek cancellation of bail before a higher Court and not the same Court. From this the learned counsel further contends that the Court of Sessions Judge, in these circumstances, has no jurisdiction to entertain such application.
3. ' M/s. Umer Farooq Khan, the learned counsel appearing for respondent No,2 and Mr. Amjad All Shah, learned Assistant Advocate-General, Sindh on Pre-admission Notice have opposed this application.
4. ' I have considered the submissions made by the learned counsel. It would be pertinent to reproduce the provisions of section 497(5), Cr.P.C. Which reads as under: "497. When bail may be taken in case of non-bailable offences.--(1) 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 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 imprisonment for life or imprisonment for 10 years: ' Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail; (2).....................................
5. (3).....................................
6. (4).....................................
(5) A High Court or Court of Session and, in the case of a person released by itself, any other Court may cause any person who has been released under this section to be arrested and may commit him to custody."
7. A plain reading of the above provision would show that at any stage after having released a person on bail, a High Court or Court of Session and any other Court, who had released the person on bail may cause his arrest and commit him to custody. The plain reading of this provision, therefore, amply shows that the same Court does have the jurisdiction to pass the orders under section 497(5), Cr.P.C. And no such bar can be imposed as is contended by the learned counsel for applicant.
8. ' It may also be appropriate at this stage to consider the provisions of section 435, Cr.P.C. Which reads as under: "435. Power to call for records of inferior Courts .--(1) The High Court or any Sessions Judge or District Magistrate, or any Sub-Divisionsal Magistrate empowered by the Provincial Government in this behalf, may call for and examine the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceeding of such inferior Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
9. ' Explanation.---All Magistrates, whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this subsection and of section 437."
10. In order to invoke jurisdiction under section 435, Cr.P.C. It is incumbent on the .Party approaching the Court to show if any such order, finding or sentence awarded suffers from illegality or irregularity and then only the Court will exercise jurisdiction wider this provision. As discussed above, the act of receiving and entertaining an application under section 497(5), Cr.P.C. By the same Court, who had granted the bail does not suffer from any illegality or irregularity. I am . Of the view that this revision application is without any substance which is accordingly dismissed.