Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 406

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S. 406---Criminal breach of trust---Bail, cancellation of---Scope---Prosecution sought cancellation of bail granted to accused persons---Prosecution case was that the accused persons had misappropriated the share of complainant in agricultural produce---Dispute between the parties was of civil nature and the complainant was trying to get the same resolved through criminal proceedings, which could not be allowed---Entrustment of property was sine qua non to attract S. 406 of P.P.C. which was lacking in the case---Broken promise did not constitute a criminal offence---Petition for cancellation of bail was dismissed, in circumstances. Shahid Imran v. The State and others 2011 SCMR 1614 ref. (b) Penal Code (XLV of 1860)--- ----S. 406---Criminal breach of trust---Scope---Broken promise does not constitute a criminal offence. Shahid Imran v. The State and others 2011 SCMR 1614 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Cancellation of bail---Scope---Considerations for grant of bail and those for its cancellation are entirely different---Grounds which are taken into consideration for cancellation of bail, detailed. Ordinarily following grounds are taken into consideration for cancellation of bail. (1) That the accused has misused the concession of bail and is causing fear and alarm to the complainant and the prosecution witnesses: (2) That there is likelihood of witnesses being won over and their evidence being tampered with; (3) That there is likelihood of repetition of the commission of crime which the accused had allegedly committed; (4) That the accused was likely to abscond; and (5) That the order granting bail was arbitrary, capricious and against the evidence with the prosecution. (d) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Cancellation of bail---Scope---Once bail is granted on merits by the court of competent jurisdiction, very strong and exceptional circumstances are required to cancel the same. Abdul Rasheed Khan v. Zahoor Ahmed Malik and others PLD 2011 SC 210 ref. Sami Ullah and another v. Laiq Zada and another 2020 SCMR 1115; Mir…

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