| Citation(s) |
|---|
| 2021 SLG 363 2021 SLD 363 2021 PCRLJ 64 |
Sindh High Court
Criminal Misc. Application No. 405 of 2019, decided on 24th October, 2019, Date of hearing: 24th October, 2019.
ABDUL MAALIK GADDI, JUSTICE
Javed Ahmed Chhatari and Saima Shaheen Abbasi for Applicant. Arshad Hussain Lodhi for
Respondent No. 1. Ali Haider Saleem, Deputy Prosecutor General Sindh for the State.
Criminal Misc. Application No. 405 of 2019, decided on 24th October, 2019, Date of hearing: 24th October, 2019.
ABDUL MAALIK GADDI, JUSTICE
Javed Ahmed Chhatari and Saima Shaheen Abbasi for Applicant. Arshad Hussain Lodhi for
Respondent No. 1. Ali Haider Saleem, Deputy Prosecutor General Sindh for the State.
MUHAMMAD ADIL SIDDIQUI
VS
MUHAMMAD FAROOQ MEHMOOD AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497(5)
Law: Penal Code (XLV of 1860)
Section: 380/448/34
Criminal Procedure Code (V of 1898)---
----S. 497(5)---Penal Code (XLV of 1860), Ss. 380/448/34---Theft in dwelling house, etc, punishment for house trespass---Bail, cancellation of---Scope---Strong and exceptional grounds were required for the cancellation of bail granted by Court of competent jurisdiction---Accused was not to be deprived of the benefit of bail whenever reasonable doubt arose about his participation in the crime or about the truth/probability of prosecution case---Personal liberty granted to accused by the court of competent jurisdiction, through grant of bail, should not be snatched away from him unless it became absolutely necessary to do so under the law---First Information Report was lodged after the delay of more than one month for which no satisfactory explanation had been finished, as such on that ground of false implication of the accused with due deliberation could not be ruled out---Case had been challaned and accused was no more required for further investigation---Offences in question did not fall within the prohibitory clause of S. 497, Cr.P.C.---No exceptional ground existed to cancel the bail---Application for cancellation of bail was dismissed accordingly.
----S. 497(5)---Penal Code (XLV of 1860), Ss. 380/448/34---Theft in dwelling house, etc, punishment for house trespass---Bail, cancellation of---Scope---Strong and exceptional grounds were required for the cancellation of bail granted by Court of competent jurisdiction---Accused was not to be deprived of the benefit of bail whenever reasonable doubt arose about his participation in the crime or about the truth/probability of prosecution case---Personal liberty granted to accused by the court of competent jurisdiction, through grant of bail, should not be snatched away from him unless it became absolutely necessary to do so under the law---First Information Report was lodged after the delay of more than one month for which no satisfactory explanation had been finished, as such on that ground of false implication of the accused with due deliberation could not be ruled out---Case had been challaned and accused was no more required for further investigation---Offences in question did not fall within the prohibitory clause of S. 497, Cr.P.C.---No exceptional ground existed to cancel the bail---Application for cancellation of bail was dismissed accordingly.
ORDER
ABDUL MAALIK GADDI, JUSTICE:---.
No. 1 (Muhammad Farooq Mehmood) stands charged for having committed offence punishable under sections 380/448/34, P.P.C. vide FIR No.762/2019 dated 29.8.2019, lodged at P.S. Preedy, Karachi (South).
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