Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Petition for cancellation of bail, dismissal of---Details of transaction resulting in issuance of cheque not clear---Effect---Accused allegedly issued a cheque to the complainant in connection with the sale of a house, which cheque got dishonoured on presentation due to insufficient funds---High Court granted bail to accused---Validity---No evidence existed on record to establish as to when, where and how the disputed cheque was handed down to the complainant by the accused---Record also did not show as to who were the witnesses in whose presence the alleged transaction regarding sale/purchase of house was carried out---Story contained in the F.I.R. was vague and in absence of any corroborating evidence, it was not clear as to why accused delivered the cheque in question to the complainant---Accused was not alleged to have misused the concession of bail in any manner since his release from prison---Petition for cancelation of bail was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail, cancellation of---Grounds---Petition for cancellation of bail could not be granted unless some serious legal infirmity or exceptional circumstance calling for interference could be found from the bail granting order. ORDER SHAHID HAMEED DAR, J.---Seeks cancellation of pre-arrest bail, allowed to Sh. Muhammad Ali (respondent No.2) vide order dated 24-5-2011 passed by this court in Criminal Miscellaneous No.5361-B of 2011, in case F.I.R. No.169, dated 21-3-2011, under section 489-F, P.P.C., registered at Police Station Naseerabad, Lahore. 2. Precisely the prosecution case as narrated by Shamshad Akhtar (complainant-petitioner) is that the respondent-accused handed down a cheque of Rs.1.2 million to the complainant which on presentation for encashment by her was bounced by the bank due to insufficient funds. 3. Learned counsel for the petitioner submits that the impugned order had been obtained by respondent No.2 having suppressed the real facts of the case and misled the court to believe that he was on inimical terms…

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