Case Details

Citation(s)
2016 SLG 2688 2016 SLD 2688 2016 PCRLJ 464
Lahore High Court
Criminal Miscellaneous No. 7690-BC of 2013, decided on 25th June, 2015.
SHUJAAT ALI KHAN, JUSTICE
Nemo for Petitioner. Tayyab Shakoor for
Respondent No. 1.

MST. RIFFAT MUNIR - ER

VS

NAVEED ZAFAR AND ANOTHER - --Respondent

Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497(5) --------- Penal Code (XLV of 1860), Ss. 379 & 406 --------- Theft and criminal breach of trust --------- Bail, cancellation of --------- Principle --------- Complainant was aggrieved of pre-arrest bail granted to accused persons and sought its cancellation on the ground that sufficient material was available on record to connect them with commission of offence --------- Validity --------- When bail was granted via court of competent jurisdiction on the basis of valid reasons the same could not be recalled/cancelled until and unless exceptional grounds were established by prosecution --------- Considerations for grant of bail and for cancellation thereof were entirely different --------- High Court declined to interfere in the bail granted to the accused persons by the court below --------- Application was dismissed in circumstances. Shameel Ahmed v. The State 2009 SCMR 174; Shah Nawaz v. The State 2005 SCMR 1899; Muhammad Jahangir Badar v. The State and others PLD 2003 SC 525; Muhammad Siddique v. Imtiaz Begum and 2 others 2002 SCMR 442; Muhammad Hussain v. Zaheer Ahmed and others 2001 SCMR 1412; Zia-ul-Hassan v. The State PLD 1984 SC 192 and Muhammad Hussain v. The State 1982 SCMR 227 distinguished. Muhammad Nazir v. Fazal Karim PLD 2012 SC 892 and Muhammad Azhar v. Dilawar and another 2009 SCMR 1202 rel. THIS ORDER PASSED BY: SHUJAAT ALI KHAN, JUSTICE C.M. No. 2486-M of 2015 This application, under section 561-A, Cr.P.C., seeking permission to place on record additional documents is allowed subject to all and just legal objections. MAIN CASE 2. Through this single order, I intend to dispose of this petition as well as Crl.Misc.No. 7692-BC/2013, having commonality of law and facts viz. in both these petitions, the petitioner-complainant has prayed for recalling of order dated 14.03.2013 whereby Naveed Zafar and Parveen Zafar (respondent No. 1 in both these petitions and hereinafter to be referred as 'the respondents') were granted bail in case FIR No. 1545 dated 17.12.2012 registered at Police Station Batala Colony, Faisalabad, in respect of the offences under sections 379, 406, P.P.C. 3. A…
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