Law:

Section:

(a) Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Penal Code (XLV of 1860), Ss.419, 420, 406 & 34 --------- Criminal breach of trust, cheating by personation, cheating and dishonestly including delivery of property, common intention --------- Bail, refusal of --------- Contractual liability --------- X-ray machine was found missing from a Medical Centre --------- By virtue of an agreement accused party was responsible for smooth running of the Centre, maintenance of Laboratories, out-patient department and for overall security of equipments --------- Accused contended that since the department had provided a chowkidar for the Centre, accused were not responsible for the security of the Center and the agreement mentioned by the complainant was forged --------- Held, that despite the fact that accused disputed the execution of the agreement, but the veracity of such claim at present stage specially when the case was still under investigation would involve deep appreciation of evidence, which was not permissible at bail stage --------- Prima facie, reasonable grounds existed to connect the accused with the offence, therefore accused could neither take shelter under pendency of civil suit on the subject and other technicalities nor can they could claim the bail as of right in offences which were admittedly non-bailable --------- Bail was denied. (b) Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Bail --------- Offences not falling under prohibitory clause of S.497, Cr.P.C. --------- Scope --------- Even in respect of offences not falling under prohibitory clause of S.497, Cr.P.C., court could decline to admit bail if exceptional circumstances existed. PLD 1968 SC 349; PLD 1997 SC 545; 2000 PCr.LJ 105 and 2011 PCr.LJ 852 rel. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---------- Habib-ur-Rehman and Nizar Ahmad, accused/petitioners, have been arrested and are seeking post arrest bail in case vide FIR No. 300 dated 14.07.2015 under Sections 419/420/406, P.P.C. read with section 34, P.P.C., registered in Police Station Khan Pur, Haripur, on the report of complainant/ respondent No. 2, Muhammad Ali…

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