Law: Penal Code (XLV of 1860)

Section: 489-F

Law: Criminal Procedure Code (V of 1898)

Section: 345,497,561A

Penal Code (XLV of 1860) S.489FCriminal Procedure Code (V of 1898), Ss. 345, 497 561ADishonestly issuing a chequeBail, cancellation ofCompounding of offencesCompromise inter se parties without permission of courtCancellation of bail on ground of breach of compromise termsScopeAccused was released on postarrest bail after compromise between parties, however, subsequently on breach of compromise terms, upon application of complainant under S. 497(5) Cr.P.C., his bail was recalledContention of accused, inter alia, was that once bail was granted, it was not subject to any conditions ValidityOffence under S.489F, P.P.C. was compoundable inter se the parties, without permission of court and concession of bail could be granted to accused after affirmative nod of complainantCourt, in such a case, was not legally bound to consider as to whether accused had made out his case on meritsAccused, if after entering into compromise, once again dishonours his commitment, then same would amount to dishonest act in continuation of earlier breach, rendering him disentitled to enjoy benefit of the compromiseGrant of bail in nonbailable offences was a concession and not a matter of rightAccused, in the present case, had executed undertaking that upon his failure to honour commitment of payment within one month, the complainant had right to seek cancellation of bail, and presumption of truth was attached to judicial proceedings, and such undertakingBail of accused had therefore rightly been recalled / cancelled  Application under S.561A, Cr.P.C. was dismissed, in circumstances. Jehanzeb Khan v. The State through A.G. Khyber Pakhtunkhwa and others 2020 SCMR 1268; Salman Khalid v. The State and others PLD 2020 Lah. 97 and Sami Ullah and another v. Laiq Zada and another 2020 SCMR 1115 ref. Tariq Mehmood v. Naseer Ahmed and others PLD 2016 SC 347; Salman Khalid v. The State and others PLD 2020 Lah. 97 and Sami Ullah and another v. Laiq Zada and another 2020 SCMR 1115 rel. ORDER ANWAARUL HAQ PANNUN, J. Through this application under Section 561A, Cr.P.C, the petitioner has called in question the vires of order dated 12.01.2021, whereby the application of the complainant/respondent…

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