Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Contempt of Court Ordinance, 2003

Section: 3,4

Law: Pakistan Penal Code, 1860

Section: 34,109,409,420,468

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 409, 420, 468, 109 & 34---Criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property, forgery, abetment and common intention---Contempt of Court Ordinance (V of 2003), Ss. 3 & 4---Cancellation of interim pre-arrest bail, recalling of---Interim pre-arrest bail granted to accused was recalled due to his absence from court hearing---Contentions of accused were that he and his brother were abducted by Federal Investigation Agency (FIA) officials from outside the court premises on the date of hearing and in his absence High Court recalled the interim order of pre-arrest bail, and that brother of accused had filed an affidavit, corroborating the version of the accused---Validity---FIA officials had admitted the assertion taken by brother of complainant that accused was arrested after closing hours of the court from a place situated near the court---Fact that accused, who was resident of a different city, was found present for his arrest outside the gate of the court, did not attract to a prudent mind---Even if the accused was in front of the court premises, question was as to what prevented and refrained him from approaching and attending the court in early hours of the day---Perusal of affidavit filed by brother of accused showed that accused had not absented himself from court deliberately and intentionally---Order for cancellation of interim pre-arrest bail was recalled and accused was released with the observation that to restore confidence of public in institutions and to eradicate excessive use of power conferred upon public functionaries, proceedings under Ss. 3 & 4 of Contempt of Court Ordinance 2003, against FIA officials should be continued separately from the present case. THIS ORDER PASSED BY: SYED MUHAMMAD FAROOQ SHAH J.--- A prayer to recall the order dated 21-6-2012 of cancellation of interim bail granted to accused Sheeraz Ahmed Memon has been made with a further request that he may be released and sent up to the same position as he was prior to his abduction on the grounds that on 20-6-2012 both applicants were present…

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