Law: Criminal Procedure Code (V of 1898)

Section: 498,497

Law: Penal Code (XLV of 1860)

Section: 420,468,406,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 420, 468, 406 & 34---Cheating and dishonestly inducing delivery of property, forgery for the purpose of cheating, criminal breach of trust, and common intention---Pre-arrest bail, confirmation of---First Information Report had been lodged with the unexplained delay of one year and no iota of evidence was available against the petitioner---Present case hinged upon the agreement, original of which was not available with the prosecution---Petitioner had denied signing / execution of agreement-in-question with the complainant, thus said fact (execution) required further enquiry which would be proved after recording evidence during the trial---No complaint of misuse of concession of bail or tampering the record had been pointed out, while petitioner was regularly appearing before High Court as well as Trial Court---Petitioner had, admittedly, not violated any condition on the basis of which his bail could be cancelled---Ad interim pre-arrest bail already granted to the petitioner was confirmed, in circumstances. Shahid Arshad v. Muhammad Naqi Butt 1976 SCMR 360 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497(5)---Bail, cancellation/recalling of---Principles relating to cancellation of bail---Bail could be cancelled:- (i) if the bail granting order is patently illegal, erroneous, factually incorrect and has resulted into miscarriage of justice, (ii) accused has misused the concession of bail in any manner, (iii) accused has tried to hamper prosecution by persuading/ pressurizing prosecution witnesses, (iv) there is likelihood of absconsion of the accused beyond the jurisdiction of the Court, (v) accused has attempted to interfere with the smooth course of investigation, (vi) accused has misused his liberty while indulging into similar offence, (vii) some fresh facts and material has been collected during the course of investigation which tends to establish guilt of the accused. Samiullah v. Laiq Zada 2020 SCMR 1115 ref. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Pre-arrest/Post-arrest bail, grant of---Evidence, appreciation of---Scope---At bail…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492