Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Pre-arrest bail, recalling of---Dispute between an advocate (accused) and complainant (a disabled person) over an agreement to sell---Pre-arrest bail of accused had been confirmed by the court below without pointing out any mala fide of the complainant or of the police, which was a sine qua non for the relief of pre-arrest bail---Observation of court below that complainant was not willing to return the original agreement to sell was not based upon facts because the complainant was admittedly not present before the court on the relevant date---Accused was given reasonable opportunity and time to fulfill his commitment to pay the outstanding amount to the complainant, but the accused failed to do the same---Stubborn attitude of the accused reflected that he had no regard for commitments made before the court---Whereas the complainant was a blind man pursuing present bail cancellation petition regularly despite his disability---Pre-arrest bail confirming order passed by court below was recalled in such circumstances. ORDER MUHAMMAD ANWAARUL HAQ, J.---Through this petition, Imran Bashir petitioner-complainant seeks cancellation of pre-arrest bail of respondent No. 1-Rai Bilal Haider, confirmed by learned Sessions Judge, Lahore vide order dated 14.11.2015, in case F.I.R. No. 110, dated 05.03.2015, registered at Police Station/Manga Mandi, Lahore, in respect of an offence under Section 489-F, P.P.C. 2. Heard. Record perused. 3. 1 have carefully examined the order dated 14.11.2015 passed by learned Sessions Judge, Lahore, who while confirming ad-interim pre-arrest bail of respondent No.1, has observed as under:- "The petitioner is a practicing Advocate. He admitted the issuance of cheque and contended that the complainant, who is blind, himself did not fulfill his part of agreement and the parties agreed to rescind the agreement. The petitioner has also instituted a civil suit to this effect. The complainant, who was present in the court on last date of hearing, also admitted this fact and he made request that petitioner may be asked to pay his…

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