| Citation(s) |
|---|
| 2023 SLG 2442 2023 SLD 2442 2023 PLJ 166 |
Supreme Court of Pakistan
Crl. P. Nos. 1197-L and 1263-L and C.P. No. 1596-L of 2021, decided on 16.3.2022. (Against the order dated 01.06.2021 of the Lahore High Court, Lahore passed in Criminal Misc. No. 35569-B of 2021)Date of hearing: 16.3.2022.
Present: UMAR ATA BANDIAL, C.J., SYED MANSOOR ALI SHAH AND MRS. AYESHA A. MALIK, JJ.
Mr. Ahsan Bhoon, ASC for Petitioners (in Criminal Petition No. 1197-L of 2021). Mr. Hafeez Saeed Akhtar, ASC for Petitioners (in Constitutional Petition No. 1596-L of 2021). Ch. Muhammad Sarwar Sidhu, Additional P.G., Amir Abbas, DSP for State. Mr. Shauka
Crl. P. Nos. 1197-L and 1263-L and C.P. No. 1596-L of 2021, decided on 16.3.2022. (Against the order dated 01.06.2021 of the Lahore High Court, Lahore passed in Criminal Misc. No. 35569-B of 2021)Date of hearing: 16.3.2022.
Present: UMAR ATA BANDIAL, C.J., SYED MANSOOR ALI SHAH AND MRS. AYESHA A. MALIK, JJ.
Mr. Ahsan Bhoon, ASC for Petitioners (in Criminal Petition No. 1197-L of 2021). Mr. Hafeez Saeed Akhtar, ASC for Petitioners (in Constitutional Petition No. 1596-L of 2021). Ch. Muhammad Sarwar Sidhu, Additional P.G., Amir Abbas, DSP for State. Mr. Shauka
AHMED SHAKEEL BHATTI and others--Petitioners
VERSUS
STATE and others--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(5)/498
Law: Penal Code (XLV of 1860)
Section: 489-F
Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497(5)/498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Dishonestly--ingredients--Commercial integrity is an ethical standard--Pre-Arrest bail--cancellation of bail--The petitioner seeks cancellation of bail granted to the said respondent--Commercial integrity is an ethical standard which would require evidence for establishing its absence in the conduct of an accused--Such an assessment can be made at the trial--Dishonestly is an ingredient of the offence under section 489-F of the, PPC--The cancellation of pre-arrest bail can be ordered in the instant case if the element of dishonesty is presently indicated from the conduct of the Respondent--None of these grounds for cancellation of bail interfere in the impugned order of the High Court--Leave to appeal is declined. [P. 170] A, B, C & D Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)/498--Cancellation of orders granting bail are ordinarily resorted by the Court on two grounds-- (i) When the impugned order is perverse in the face of it or (ii) when the impugned order has been made in clear disregard of some, principle of the law of bail. [C] JUDGMENT Umar Ata Bandial, C.J.--Petitioner in Criminal Petition No. 1197-L of 2021 seeks leave to appeal against the order dated 1.6.2021 whereby pre-arrest bail was allowed to Respondent No. 2 (“Respondent”) in case FIR No. 400/2020 dated 20.05.2020, registered under Section 489-F, P.P.C., Police Station Gulberg, Lahore. The Petitioner seeks cancellation of bail granted to the said Respondent. 2. The Petitioner entered into a Share Purchase Agreement dated 25.7.2017 and an Addendum dated 11.01.2019 with the Respondent for the sale of Pasrur Sugar Mill (“Sugar Mill”) for a price of Rs. 840 million. The Respondent paid Rs. 500 million on 02.01.2019 and issued a post dated cheque for Rs. 340 million which was to be encashed on 15.4.2020. Management and possession of the Sugar Mill was transferred on 11.01.2019 to the Respondent. On 17.4.2020, the cheque was presented for encashment. However, it was dishonoured which led to the registration of FIR No. 400/2020 dated 20.05.2020 under Section 489-F, P.P.C. by…
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