Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 420/468/471/120/511

Law: Foreign Exchange Regulation Act, 1947

Section: 4/23

Criminal Procedure Code (V of 1898)     S. 497(5) Penal Code (XLV of 1860), SsA20/468/471/201/511 ¬Foreign Exchange Regulation Act (VII of 1947), Ss.4/23 Cancellation of bail Whether the deed in question was forged or not, was yet to be determined at the trial Provisions of law made applicable in the case were either bailable or entailed punishment for seven years which did not fall under the prohibitory clause of S.497(1), Cr.P.C. and grant of bail in such cases was a rule while refusal thereof an exception Accused had not misused the concession of bail and he was not alleged to have tampered with the evidence Order granting bail to accused was neither arbitrary nor perverse, nor fanciful, nor the same had been obtained through fraud or misrepresentation Trial Court had exercised its discretion properly which did not warrant any interference Petition for cancellation of bail was dismissed accordingly.   Sohail Akhtar for Petitioner.   Asghar Khan for Respondents.   Muhammad Habib Qureshi for the State.   hearing date: 17th April, 2001. JUDGMENT Having been involved in case registered vide F.I.R. No.13, dated 17 6 2000 under sections 420/468/471/201 and 511, P.P.C. read with sections 4/23 of Foreign Exchange Regulation Act, 1947 at Police Station Crime Branch, Peshawar the accused respondent applied for his release on bail in the Court of learned Sessions Judge/Special Judge, which was entrusted to learned Additional Sessions Judge who allowed the bail petition and directed the release of the accused respondent vide order, dated 26 8 2000. The complainant has now moved this Court for cancellation of bail granted to the accused respondent by the learned Special Court/Additional Sessions Judge through in hand. 2. Complainant Syed Mehmood Mohayuddin Gillani on 20 3 2000 reported that one Haji Muhammad son of Itbar Khan had made a false claim of huge money in Dollars against him before A.P.A. Kurram Agency on the basis of forged deed. An enquiry under section 156(3), Cr.P.C. was conducted which transpired that neither the deed writer had scribed the deed nor the stamp vendor had sold the stamp paper. The marginal witnesses of the…

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