Case Details

Citation(s)
2019 SLG 1430 2019 SLD 1430 2019 YLR 1327
Supreme Court (AJ&K)
Criminal Misc. No. 36 of 2018, decision Dated: 17-01-2019. Hearing Dated: 16-01-2019.
RAJA SAEED AKRAM KHAN, JUSTICE
(Application for cancellation of Bail) Petitioner(s) by: Sardar Amjid Aslam, Chief Prosecutor Ehtesab Bureau
Respondent(s) by: Kh. Attaullah Chak and Raja Aftab Ahmed, Advocates

EHTESAB BUREAU THROUGH CHAIRMAN EHTESAB BUREAU

VS

TARIQ RIAZ MUGHAL AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Azad Jammu and Kashmir Offences Against Property (Enforcement of Hudood) Act, 1985

Section: 14

Law: Pakistan Penal Code, 1860

Section: 409,419,420,467,468,000

Criminal Procedure Code (V of 1898)--- ----S. 497 (5)---Penal Code (XLV of 1860), Ss. 471, 467, 468, 419, 420 & 409---Azad Jammu and Kashmir Offences Against Property (Enforcement of Hudood) Act (XII of 1985), S. 14---Using as genuine a forged document, forgery of valuable security, forgery for purpose of cheating, cheating and dishonestly inducing delivery of property, cheating by personation, criminal breach of trust by public servant and theft liable to tazir---Bail, recalling of---Failure to join investigation---Scope---Ehtesab Bureau sought cancellation of bail granted to accused persons on the ground of not joining investigation---Validity---Version of Ehtesab Bureau was supported by the report of investigating officer---Accused persons submitted that they were fully co-operating with the investigating agency but failed to bring on record anything in support of such contention---Non-joining of investigation proceedings despite summoning amounted to misuse of concession of bail and frustrate the legal proceedings, which was a valid ground under law for recalling the bail granting order---Investigation had not been completed even after a lapse of considerable time due to the conduct of accused persons---Bail granted to the accused persons was recalled, in circumstances. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, J.--- The captioned application has been filed for cancellation of bail granted by this Court to the accused-respondents vide order dated 16.02.2018. After hearing the arguments in the captioned application this Court on 16.01.2019 passed the short order in the following terms:-- "After hearing the learned counsel for the parties and perusal of the record, the concession of bail granted to the accused-respondents is recalled. The Ehtesab Bureau is directed to promptly complete the investigation and ensure completion of the same within 15 days and submit the reference before reference Court. The accused-respondents are at liberty to approach the reference Court for bail, if they have any legal ground. " The detailed order is as under:-- 2. The gist of the facts is that Assistant Commissioner, Hattian Bala lodged a complaint at Police…
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