Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail, granted--Cancellation of--Prayer for--Allegation of--Dishonoured cheque--Respondent was awarded contract for repair of Fort and he had sublet project to petitioner for completing same--Thereafter petitioner completed project by incurring expenditures of a huge amount, for which as alleged by petitioner no payment has been made to him by respondent--In order to resolve issue, it appeared that an agreement had been arrived at between petitioner and respondent subsequent to which acheque had been given to petitioner--Same had been dishonoured on account of stoppage of payment--Respondent has been adopting a different version in order to improve his defence and also in a way to get petitioner and others involved in some cases to exert pressure on petitioner--All these steps taken by respondent appears to have been taken with ulterior motives and malafide intention just to avoid his obligations regarding payment to petitioner--Addl. Sessions Judge, has only taken into consideration stance of respondent while completely ignored stance of petitioner without giving any reasons in a very casual manner--As such order passed by Addl. Sessions Judge was perverse and in arbitrary manner has granted bail to respondent--Bail granted to respondent was hereby withdrawn--Petition allowed. Bail-- ----Bail--Grant of--Grant of bail to an accused in every case not hit by prohibitory clause of S. 497(1) Cr.P.C.,was not a rule of universal application, because each case has to be dealt with on its own facts and circumstances 2009 SCMR 174, rel. THIS ORDER PASSED BY: IQBAL HAMEED-UR-REHMAN, JUSITCE---.--- The learned counsel seeks cancellation of post-arrest bail granted by the learned Addl. Sessions Judge, MandiBaha-ud-Din vide his order dated 25.10.2008 to Respondent No. 1 in F.I.R No. 479/2008 dated 19.09.2008 registered at Police Station City District Mandi Baha-ud-Din, under Section 489-F, P.P.C. 2. According to the learned counsel for the petitioner the learned Addl. Sessions Judge, Mandi Baha-ud-Din while granting bail to Respondent No. 1 had not taken the sequence of…

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