| Citation(s) |
|---|
| 2010 SLG 851 2010 SLD 851 2010 PLJ 284 |
Lahore High Court
Crl. Misc. No. 11933-CB of 2009, decision & hearing Dated: 10.11.2009.
IJAZ AHMAD CHAUDHRY, JUSITCE
Mr. Irtaza Ali Naqvi and Saqib Gardner, Advocate for Petitioner. Mr. M.A. Ghaffar-ul-Haq, Advocate for
Respondents No. 1 to 4. Ch. Amjad Hussain, Deputy Prosecutor General for State.
Crl. Misc. No. 11933-CB of 2009, decision & hearing Dated: 10.11.2009.
IJAZ AHMAD CHAUDHRY, JUSITCE
Mr. Irtaza Ali Naqvi and Saqib Gardner, Advocate for Petitioner. Mr. M.A. Ghaffar-ul-Haq, Advocate for
Respondents No. 1 to 4. Ch. Amjad Hussain, Deputy Prosecutor General for State.
MANAGER
VS
SHAFIQUE AHMED AND 4 OTHERS
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Pakistan Penal Code, (XLV of 1860) Ss. 419, 381, 420, 471, 109 & 34--Cancellation of bail--Bail was granted conditionally--Prima facie--Defaulter was not entitled for grant of bail having come to the Court with unclean hands--Validity--At the time of allowing bail before arrest of accused admitted that a specific amount was payable by them who had failed to make payment as per commitment made by them--Held: Even if one of the cheque wasdishonoured, petitioner would be at liberty to apply for cancellation of bail--If any commitment was made before the Court, it becomes the orders of the Court and non-fulfil would amount to contempt of Court and the defaulter was not entitled for the grant of bail having come to the Court with unclean hands--Further held: Accused were allowed bail before arrest conditionally and having made a default they were not entitled to remain on pre-arrest bail, which was only mean to protect the innocent citizens who were found to have been falsely involved for some ulterior motive, which was lacking in the instant case--Petition was dismissed. Cancellation of Bail-- ----Bail before arrest was granted conditionally--Question of--Whether a person was entitled to grant of bail--Determination--Held: Accused were not entitled to remain on bail which was cancelled by allowing the instant petition and will be taken into custody and treated in accordance with law--Petition was dismissed. THIS ORDER PASSED BY: IJAZ AHMAD CHAUDHRY, JUSITCE---.--- Through this petition under Section 497(5), Cr.P.C., Cool Industries-petitioner has sought cancellation of bail before arrest granted to Respondents No. 1 to 4 by the learned Additional Sessions Judge, Lahore vide order dated 22.6.2009, in case FIR No. 642 dated 31.8.2006, registered under Sections 419/381/420/468/471/109/34 PPC at Police Station Hanjerwal, District Lahore on the written application of Mian Javed Iqbal, Manager Recovery Officer, Cool Industries, (Pvt.), Limited, Hanjerwal, Multan Road, Lahore. 2. The brief allegation as per contents of FIR is that Respondent No. 1 was an employee of the petitioner as a Sales Manager, who…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492