Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), Ss.419/420/467/468/471/161---Prevention of Corruption Act (II of 1947), S.5(2)---Cheating, forgery and illegal gratification---Pre-arrest bail, grant of---Delay in F.I.R.---Suspicion---Complainant alleged that he had deposited his loan amount against two vouchers but accused had misappropriated his amount and it was not deposited in the bank---Validity---Alleged occurrence took place six years back and inordinate delay of six years in lodging F.I.R. was not sufficiently explained--- Complainant himself stated in F.I.R. that he paid back the amount by way of two vouchers to bank---Record revealed that loan was advanced in the name of a Cooperative Society which was received by complainant himself as treasurer of that society against two receipts---Nothing was available on the record to show that accused had ever received any amount of loan---No direct evidence with prosecution to connect accused with alleged forgery, fabrication or fraud or any connivance with any employee of Cooperative Society in preparation of any bogus society---Marginal witnesses in their statements under section 161 Cr.P.C. did not implicate accused and the case against him was merely on the basis of suspicion---Pre-arrest bail was confirmed in circumstances. Muhammad Afzal Khan v. Shahid Hussain Qureshi and others 1988 PCr.LJ 635 and Sindhi Co-operative Housing Society Ltd., and others v. The Superintendent of Police, and others 1989 ALD 519(2) ref. (b) Criminal Procedure Code (V of 1898)--- ----S.498---Pre-arrest bail---Object and scope---Object of pre-arrest bail is to protect innocent persons from humiliation, harassment and incarceration on the basis of false implication. (c) Criminal Procedure Code (V of 1898)--- ----S.497(5)---Penal Code (XLV of 1860), Ss.419, 420, 467, 468, 471 & 161---Prevention of Corruption Act (II of 1947), S.5(2)---Cheating, forgery and illegal gratification---Pre-arrest bail, cancellation of--- Principles--- Complainant sought cancellation of pre-arrest bail allowed to accused by Trial Court---Validity---Bail once granted could not be cancelled except on strong and…

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