Law: Criminal Procedure Code (V of 1898)

Section: 161,497(5)

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Pre-arrest bail, cancellation of---Petitioner sought cancellation of pre-arrest bail granted to accused---Prosecution case against accused was that he had received certain sum of amount from the petitioner in the presence of witnesses with commitment to return the same---Accused thereafter issued a cheque in the presence of another witness but the said cheque was dishonoured by the Bank on its presentation---Huge amount was involved in the case and while lodging FIR petitioner had given the names of witnesses before whom the alleged amount was given to the accused---Both the said witnesses had in their statements recorded under S. 161, Cr.P.C. asserted that petitioner had handed over the said amount to the accused---Trial Court, while confirming ad-interim pre-arrest bail had passed a detailed order comprising of eight pages, in which it had not only discussed the facts and evidence of the case in detail but also imprinted the snaps of case diaries---Trial Court had not highlighted and identified any element of mala fide or ulterior motive on the part of the complainant or police towards the accused person, which was a condition precedent to award extraordinary relief in the shape of pre-arrest bail---Petition for cancellation of bail was allowed, in circumstances. Mukhtar Ahmad v. The State and others 2016 SCMR 2064 rel. THIS ORDER PASSED BY: MUHAMMAD WAHEED KHAN, J.--- Through the instant petition in terms of section 497(5), Cr.P.C., the petitioner (complainant) has sought recalling of order dated 27.11.2018 passed by the learned Addl. Sessions Judge, Lahore, wherein pre-arrest bail of respondent No.2 was confirmed in case FIR No.148/2018 dated 17.05.2018 registered under section 489-F, P.P.C. at Police Station Model Town, Lahore. 2. Complainant / petitioner Mian Muhammad Faisal Rasheed put the machinery of law into motion by alleging therein that accused/respondent No.2 Sufyan Khalid Ghurki has received Rs.1,52,00,000/- in June 2015 in presence of witnesses with the commitment to return the same to the petitioner. Thereafter, on…

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