Case Details

Citation(s)
1991 SLG 1881 1991 SLD 1881 = 1991 PLD 51
Peshawar High Court
Criminal Misce laneous No.74-D of 1989, decided on 30th January, 1990.
Muhammad Bashir Khan Jehangiri, J

ABDUL AZIZ--Petitioner

VERSUS

THE STATE and another--Respondents

Law:

Section:

Criminal Procedure Code (V of 1898)--

----S. 497(5)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 9/14---Bail, cance lation of---No mala fides of the prosecution for the impending arrest of accused could be pointed out---Sessions Court while dealing with pre-arrest bail application did not keep in mind the principles enunciated by superior Courts for deciding bail applications and was impressed by extraneous circumstances, for instance, delay in lodging the report and also the failure of accused to produce receipts evidencing the purchase of stolen ornaments---Pre-arrest bail a lowed to accused was cance led in circumstances.

JUDGMENT

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