Law: Criminal Procedure Code (V of 1898)

Section: 497(5)/498

Law: Pakistan Penal Code, 1860

Section: 489-F

Crl. Misc. No. 60014/CB of 2022, decided on 20.1.2023. Criminal Procedure Code, 1898 (V of 1898)-- ---Ss. 497(5)/498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Compromise--Conditional bail--Cancellation of bail--Complainant since dead--Aggrieved person--Pre-arrest bail--cancellation of--Respondent No. 1/petitioned for pre-arrest bail--Respondent No. 1 entered into a settlement during the pendency of that application--Complainant (Since dead) submitted his affidavit in High Court stating the terms of compromise, which was placed on record as Mark-A--Respondent No.1 duly acknowledged it--Complainant died--His son, as the “Petitioner”, has filed the present application for cancellation of the bail of Respondent No.1, who made partial payment in cash and undertook to pay the remaining sum of Rs. 1,400,000/- within six months, but he has defaulted--Petitioner lacks locus standi to file it because he is not the complainant of FIR and was not a party to the settlement--The High Court could exercise its revisional jurisdiction u/S. 439, Cr.P.C. and set aside an order of a magistrate or a Sessions Judge granting bail to an accused if it perverse--The High Court entertained the application because the applicant, in addition to being a witness of the alleged motive, was the husband of the woman who was assaulted and dishonoured--The Court may also intervene on its own initiative if any lapse, capriciousness, arbitrariness, or perversity comes to notice. Section 497(5), Cr.P.C. confers powers similar to revisional powers u/S. 435 and 436, Cr.P.C. on the High Court and the Court of Sessions--The petitioner’s father lodged FIR against Respondent No.1 for the dishonour of the cheque. Now that Iqbal has died, the petitioner is an interested party and competent to apply under Section 497(5), Cr.P.C.--Since the bail of Respondent No.1 was conditional and subject to the due performance of his obligations, it must be recalled--This application is accepted, and the pre-arrest bail granted to Respondent No.1 is cancelled.                     [Pp. 544, 545, 546, 547 548] A, B, C, D, E, F, G, H, I, J, K, L 2005 YLR 1411; 2018…

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