Law:

Section:

Criminal Procedure Code (V of 1898)-------Ss. 497(5) & 498---Penal Code (XLV of 1860), Ss. 406 & 506---Constitution of Pakistan, Art. 185(3)---Criminal breach of trust and criminal intimidation---Pre-arrest bail, grant of---Currency notes, recovery of---Grant and cancellation of bail---Principles---Filing of challan---Pre-arrest bail granted to accused by Sessions Court was cancelled by High Court---Validity---Considerations for grant of bail and those for its cancellation were entirely different---In the present case, no allegation was levelled against accused regarding any misuse or abuse of concession of bail by him and even complainant had not been able to level any such allegation against accused before Supreme Court---High Court did not appreciate that investigation of the case had already been finalized and challan was submitted before Trial Court and at such a stage no useful purpose would be served by cancelling bail of accused---Bail should not be cancelled merely for wreaking vengeance' of the complainant party---No proof was available on the record to even. prima facie establish that complainant had ever given any sum of money to accused and even otherwise any such money given to accused, if at all, was not recognizable with reference to denomination of the currency notes or their numbers and, thus, the money likely to be recovered from the custody of accused would never be connected with the money allegedly paid by complainant to accused---Supreme Court declined to deprive the accused of his liberty for recovery of any amount of money which would stand connected with the amount in issue and where such recovery might remain legally inconsequential---Order passed by High Court was set aside by Supreme Court and pre-arrest bail was allowed. State of Gujarat v. Jaswantlal Nathalal AIR 1968 SC 700; Punjab National Bank and others v. Surendra Prasad Sinha 1994 PSC (Crl) 768; Shaukat Ali Sagar v. Station House Officer, Police Station Batala Colony, Faisalabad and 5 others 2006 PCr.LJ 1900; Ghulam Ali v. Javid and another 1989 PCr.LJ 507; Nga Po Seik v. Emperor 1917 Indian Cases 824 and Kanai Lal Dutta v. The State (AIR 1951 Cal. 206 ref. Rao…

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