| Citation(s) |
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| 2026 SLG 216 2026 SLD 216 = 2025 SHC 2102 |
Criminal Misc. Application No.690 of 2025
Present: Mr. Justice Jawad Akbar Sarwana
Applicant : Hassan Saeed s/o Muhammad Saeed through Mr.Qaim Ali Memon, Advocate
Respondent No.1 : The State
Respondent No.2 : Learned VIIIth Additional Sessions Judge South Karachi
Respondent No.3 : Muhammad Saqib Khan s/o Khalil Khan Date of Hearing : 08.08.2025 Date of Decision : 26.08.2025
HASSAN SAEED S/O MUHAMMAD SAEED V/S THE STATE & OTHERS Sindh High Court, Karachi
Law: Pakistan Penal Code, 1860
Section: 489-F
Law: Code of Criminal Procedure (West Pakistan Amendment) Act, 1964
Section: 497(5)
Summary
The applicant/complainant sought cancellation of bail granted to the accused in a cheque dishonour case under Section 489-F PPC, alleging violation of compromise terms after post-dated cheques were dishonoured. Bail had been confirmed by the trial court based on an affidavit of no-objection filed by the complainant himself. The High Court held that the application was not maintainable because the complainant failed to first approach the trial court which passed the bail-granting compromise order. The High Court emphasized that issues relating to alleged breach of compromise, verification of payments, and consequences thereof must be examined by the trial court. Consequently, the application for cancellation of bail was dismissed.
Sections / Provisions Used
Section 489-F, PPC
Section 497(5), Cr.P.C.