Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 419,420,447,382,506,148,149

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.419, 420, 447, 427, 382, 506, 148 & 149---Cheating by personation, cheating and dishonestly inducing delivery of property, criminal trespass, mischief causing damage to the amount of fifty rupees, theft after preparation made for causing death, hurt or restraint in order to the committing of theft, criminal intimidation, rioting armed with deadly weapon, offence committed by member of unlawful assembly in prosecution of common object---Bail, confirmation of---Further inquiry---Factors to be considered in grant or confirmation of pre-arrest bail---Statements of the witnesses recorded under S.161, Cr.P.C. were not consistent with averments of F.I.R.---Alleged offences, were bailable and evidence on record did not connect the accused with commission of offence---Accused were no more required for investigation which was complete---Tentative assessment of material on record brought the case of the accused within ambit of further inquiry---Impugned order granting pre-arrest bail did not call for interference of High Court, the same was upheld---Considerations for grant and cancellation of bail were quite different: once bail had been granted by a competent court of law, strong and exceptional grounds were required for recalling the same-Maki fide, false implication and humiliation were main factors to be considered in grant of pre-arrest bail---In the present case no offence was shown to have been committed by the accused---Application for cancellation of bail was dismissed in circumstances. 1996 SCMR 74 fol. JUDGMENT ATTAULLAH KHAN, JUSTICE:---.--- Through this application filed under section 497(5), Cr.P.C., the petitioner Muhammad Younis Parvez seeks the cancellation of pre-arrest bail allowed to Qabool Khan and Haji Raees Khan, accused/respondents, by the learned Additional Sessions Judge-VII D.I. Khan in case F.I.R. No. 32 dated 14-2-2010 of Police Station Kulachi registered under, sections 419/420/447/427/382/506/148/149, P.P.C. on the grounds, inter alia, that they are directly charged by the complainant/petitioner for committing the crime in a broad day light, that they…

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