| Citation(s) |
|---|
| 2020 SLG 1143 2020 SLD 1143 2020 PCRLJ 988 |
Islamabad High Court
Cr. Misc. No. 740/BC of 2019, decided on 16th January, 2020.
MOHSIN AKHTAR KAYANI, JUSTICE
Faisal Bin Khurshid for Petitioner. Ms. Qurret ul Ain Ayesha for
Respondent No.1. Barrister Mumtaz Ali, AAG, Sajid, Inspector, FIA along with record for the State.
Cr. Misc. No. 740/BC of 2019, decided on 16th January, 2020.
MOHSIN AKHTAR KAYANI, JUSTICE
Faisal Bin Khurshid for Petitioner. Ms. Qurret ul Ain Ayesha for
Respondent No.1. Barrister Mumtaz Ali, AAG, Sajid, Inspector, FIA along with record for the State.
BABAR MEHMOOD
VS
WAQAS JAVED AND ANOTHER
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 420, 464, 468, 471, 473, 419, 409 & 109---Prevention of Corruption Act (II of 1947), S. 5(2)---Cheating and dishonestly inducing delivery of property, making a false document, forgery for the purpose of cheating, using as genuine a forged document, making or possessing counterfeit seal, etc, with intent to commit forgery punishable otherwise, cheating by personation, criminal breach of trust by public servant, or by banker, merchant or agent, abetment, criminal misconduct--- Bail, application for cancellation of---Accused was not nominated in the FIR, rather, he had been involved on account of statement made by his co-accused---Accused, an employee of Electric Supply Company, was not assigned any duty for clearance of any accounts, management of IT system, scrolls or data entry, through which it could be assumed that he had performed any such official act---Main allegation against accused was that he was working as sanitary worker in place of his brother---Nothing incriminating had been recovered from the accused except seal of the bank, which fact would be proved after recording of evidence---Four co-accused had been granted post arrest bail---Impugned order was within four corners of law and no illegality had been observed had failed to point out strong and exceptional ground, on the basis of which the post arrest bail granted to accused could be recalled---Bail granted by competent Court could only be cancelled if bail granting order was illegal, erroneous, factually incorrect or resulted into miscarriage of justice---Cancellation of bail was declined. THIS ORDER PASSED BY: MOHSIN AKHTAR KAYANI, JUSTICE:---.---Through instant Criminal Miscellaneous Petition, the petitioner has prayed for cancellation of post arrest bail granted to respondent No.1 vide order dated 06.11.2019, passed by learned Special Judge Central, Islamabad. 2. Learned counsel for the petitioner contends that respondent No.1 is nominated accused in case FIR No. 10/2019, dated 02.08.2019, under sections 420, 464, 468, 471, 473, 419, 409, 109, P.P.C., read with 5(2), P.C.A., 1947, Police Station…
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