| Citation(s) |
|---|
| 2014 SLG 940 2014 SLD 940 2014 YLR 2139 |
High Court (AJ&K)
Criminal Revision No. 31 of 2010, decision Dated: 20-06-2013.
MUNIR AHMED CHAUDHARY, JUSTICE
Ch. Muhammad Riaz Alam for Petitioner. Kamran Tariq for
Respondent No.1. Farid Awan, Assistant Advocate General for the State.
Criminal Revision No. 31 of 2010, decision Dated: 20-06-2013.
MUNIR AHMED CHAUDHARY, JUSTICE
Ch. Muhammad Riaz Alam for Petitioner. Kamran Tariq for
Respondent No.1. Farid Awan, Assistant Advocate General for the State.
MUHAMMAD MAQSOOD
VS
MUHAMMAD LATIF AND ANOTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 498,439
Law: Pakistan Penal Code, 1860
Section: Ss.419,420,406
Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 439---Penal Code (XLV of 1860), Ss.419, 420 & 406---Cheating by personation, cheating and dishonestly including delivery of property, criminal breach of trust---Interim bail, confirmation of---Concession of bail, could not be withdrawn unless some cogent reasons exist/ complainant, had not mentioned any of the requirements for cancellation of bail granted in favour of accused---Only allegation levelled against accused, was that he misappropriated amount in question with connivance of co-accused---Challan of the case had been submitted in the competent court raised plea for cancellation of bail on the grounds; that order granting bail was illegal, perverse, passed in violation of principles for grant of bail, factually incorrect, or had resulted into miscarriage of justice; that accused persons had misused the benefit of bail; that there was possibility of repetition of the offence charged with or commission with any other offence; that there was appreciation of abscondance of accused and that accused persons were trying to tamper with the prosecution evidence---Record revealed that none of the said grounds existed in the present case---Findings recorded by the Trial Court while confirming interim bail were based on sound and cogent reasons, which needed no indulgence by High Court. 1999 PCr.LJ 883 and 2011 PCr.LJ 1354 ref. THIS ORDER PASSED BY: MUNIR AHMED CHAUDHARY, JUSTICE:---.--- This revision petition has been filed against the order of Sessions Judge, Mirpur dated 25-1-2010, through which interim bail of respondent/accused Muhammad Latif was confirmed. 2. Brief facts giving rise to the instant revision petition are that a criminal case was registered against the respondent/ accused along with another accused Jahangir under sections 419, 420 and 406 APC at Police Station Afzalpur. It was stated in the F.I.R. by the petitioner/ complainant Muhammad Maqsood that he sold the land measuring 04 Kanals and 09 Marlas to one Muhammad Razzaq against a price of Rs. 35 lacs. The accused Jahangir who is nephew of the petitioner/ complainant took the said amount and paid him Rs.10,000 and made a commitment to…
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