Law: Criminal Procedure Code (V of 1898)

Section: 497(5),498

Law: Penal Code (XLV of 1860)

Section: 489-F

Criminal Procedure Code (V of 1898)--- ---Ss. 497(5) & 498---Penal Code (XLV of 1860), S.489-F---Cancellation of pre-arrest bail---Application for---Principles for grant of bail and those for cancellation of bail, of course, were quite different, but it was equally true that when bail granting order was found to be patently illegal and against the facts of the case, High Court had ample powers to cancel the same---In the present case extraordinary relief of pre-arrest bail had been granted in favour of respondent/accused who had bilked the complainant to the tune of a huge amount of Rs.3,41,50,000 on flimsy and airy fairy grounds---While granting the pre-arrest bail, the Trial Court delved very deep into the factual controversy and discussed evidentiary value of the documents in question in a very detailed manner, which was not warranted at the bail stage---While deciding the pre-arrest bail, the Trial Court failed to appreciate the, difference between the consideration for pre-arrest bail and those for after-arrest bail; and without holding that the case in question had been registered against accused due to the mala fides of the Police or the complainant, which was a pre-condition for grant of extraordinary relief of pre-arrest bail to accused---In cases involving possible recovery of bilked/swindled amount, stolen/looted property or other incriminating material, pre-arrest bail was rarely granted to accused---Bail granting order which was patently illegal, based on fanciful and airy fairy reasons, was not sustainable. Murad Khan v. Fazal-e-Subhan and another PLD 1983 SC 82; Zia-ul-Hassan v. The State PLD 1984 SC 192; Masood Ahmad alias Muhammad Masood v. The State 2006 SCMR 933 and Riaz Ahmed v. The State 2009 SCMR 725 ref. ORDER HASNAT AHMAD KHAN, J.--- Through this petition, Muhammad Afzal, the petitioner-complainant, has sought cancellation of bail granted to respondent No.1 in case F.I.R. No.442 of 2008, dated 7-11-2008, registered with Police Station Rajhana, District Toba Tek Singh, in respect of an offence under section 489-F, P.P.C. 2. Briefly put, the facts, as narrated by the petitioner-complainant, are that respondent No.1 borrowed…

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