Case Details

Citation(s)
2015 SLG 2876 2015 SLD 2876 2015 PCRLJ 1556
Peshawar High Court
Criminal Miscellaneous Q.P. No. 2-B of 2015, decided on 9th February, 2015.
MUHAMMAD YOUNIS THAHEEM, J
Shabir Hussain Gigyani and Pir Hamidullah Shah for Petitioner. Qudratullah Khan Gandapur, Asstt. A.G. for the State Pir Liaqat Ali Shah for the
Respondent No. 1.

TAHIR AZIZ

VS

LAL HABIB and another

Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 324, 331, 337-A(v) & 337-X---Criminal Procedure Code (V of 1898), S.561-A---Attempt to commit qatl-i-amd, causing Shajjah-i-Ammah, payment of Diyat and Arsh---Invoking inherent jurisdiction of High Court for cancellation of bail---Petitioner, by invoking inherent jurisdiction of High Court under S.561-A, Cr.P.C., had prayed for cancellation of bail granted to respondent charged with offences under Ss.337-X & 331(2), P.P.C.---Respondent after serving his sentence filed application before High Court for payment of arsh amount 1/2 of diyat, in instalments, which application was accepted, arsh amount was fixed and respondent was directed to pay the same in sixty equal instalments---Respondent assailed said order of High Court before Supreme Court, by filing petition---Said petition having been withdrawn by the respondent, order of High Court had attained finality---Respondent, failed to deposit monthly instalment onward on 15th of each month as per directive, which was clear violation of order of the High Court---Conduct of the respondent had shown that he was reluctant to pay remaining amount of arsh---Respondent was liable to be committed to jail till final payment of remaining arsh amount under the conditional penal part of the order of High Court---Respondent having violated order of High Court, concession of bail granted through the same order was recalled and he was committed to jail, in circumstances. JUDGMENT MUHAMMAD YOUNIS THAHEEM, J.---The petitioner Tahir Aziz, by invoking the inherent jurisdiction of this Court under section 561-A, Cr.P.C. prayed for cancellation of bail granted to Lal Habib, respondent No.1 under sections 337-X/331(2), P.P.C., vide judgment of this court dated 31-3-2014, passed in Cr. Misc. 64-B of 2013, and commuting the respondent No.1 to jail till full payment of the specified amount of Arsh Rs.15,77,771 to the petitioner. 2. The brief facts of the case leading to file instant petition are that Lal Habib, respondent No.1 being accused in case FIR No. 214 dated 23-9-2008 under sections 324/23/109, P.P.C. at Police Station Latamber, Karak was sent for trial before the learned Additional…
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