Law: Criminal Procedure Code (V of 1898)

Section: 497,497(5),498

Law: Pakistan Penal Code, 1860

Section: 408

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S. 408---Criminal breach of trust by servant or clerk---Application for cancellation of pre-arrest bail---Considerable delay of six months existed in reporting the matter to police---Accused admittedly was Manager at a Petrol Station of complainant; possibility of mala fide in lodging the FIR could not be ruled out on the part of complainant as accused had left his employment---Nothing was available on record except the statement of complainant which could prima facie connect the accused with the commission of offence alleged---Offence alleged did not fall within prohibitory clause of S. 497, Cr.P.C.---Application for cancellation of bail was dismissed accordingly. Sarwar Sultan's case PLD 1994 SC 133 and Rana Muhammad v. Muhammad Rafique PLD 2009 SC 427 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)--- Cancellation of bail---Scope---Once discretion was exercised by the court of competent jurisdiction for grant of bail or confirmation of ad-interim bail, same could not be reversed or recalled unless the same was either perverse or illegal---Strong and cogent reasons were required to be furnished for cancellation of bail. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Cancellation of bail---Scope---Grounds and principles for grant of bail were totally different from the grounds and principles for cancellation of bail already granted to accused. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Pre-arrest bail---Scope---Considerations for grant of pre-arrest bail were not at all different from considerations for grant of post-arrest bail as far as merits of the case were concerned, there must be additional basis of humiliation, harassment, mala fides, intention to disgrace and dishonour---Said view had to be read in juxtaposition with view that if a person was otherwise entitled to concession of bail, no useful purpose would be served by putting such person firstly behind the bars then allowing him bail---Court had to keep a balance according to circumstances---Bail before arrest would be allowed in appropriate cases if a case for grant…

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