| Citation(s) |
|---|
| 2026 SLG 1850 2026 SLD 1850 = 2026 SCMR 792 |
Supreme Court of Pakistan
Criminal Petition No. 1322 of 2025, decided on 9th September, 2025. (Against the order dated 11.07.2025 of the Peshawar High Court, Bannu Bench passed in Crl. Misc. B.A. No. 267-B of 2025).
Presented By: Athar Minallah, Irfan Saadat Khan and Malik Shahzad Ahmad Khan, JJ
Arshad Hussain Yousafzai, Advocate Supreme Court for Petitioner. M. Bashar Naveed, Additional Advocate General, Khyber Pakhtunkhwa along with Farmanullah, S.I. and Umar Badshah, ASI for the State. M. Tariq Shah, Advocate Supreme Court for the Complainant (via video link from Peshawar). Date of hearing: 9th September, 2025.
Criminal Petition No. 1322 of 2025, decided on 9th September, 2025. (Against the order dated 11.07.2025 of the Peshawar High Court, Bannu Bench passed in Crl. Misc. B.A. No. 267-B of 2025).
Presented By: Athar Minallah, Irfan Saadat Khan and Malik Shahzad Ahmad Khan, JJ
Arshad Hussain Yousafzai, Advocate Supreme Court for Petitioner. M. Bashar Naveed, Additional Advocate General, Khyber Pakhtunkhwa along with Farmanullah, S.I. and Umar Badshah, ASI for the State. M. Tariq Shah, Advocate Supreme Court for the Complainant (via video link from Peshawar). Date of hearing: 9th September, 2025.
HAKEEM alias Peer ---Petitioner
VERSUS
The STATE and another ---Respondents
Law: Code of Criminal Procedure, 1898
Section: 497
Law: Pakistan Penal Code, 1860
Section: 420, 406, 489-F , 34
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), Ss. 420, 406, 489-F & 34--Constitution of Pakistan, Art.185(3)---Cheating and dishonestly inducing the delivery of property, criminal breach of trust, dishonest issuance of a cheque, common intention---Bail, grant of---Further inquiry---It was not disputed that the alleged offences fell in the category of non-prohibitory clause under Section 497, Cr.P.C.---Co-accused was alleged to have entered into agreements with various persons---Whether or not the offences to the extent of the petitioner were attracted required further probe---Complainant and the State had not been able to show any exceptional circumstances so as to decline the concession of post-arrest bail---While considering the grant of bail, where offences fell within the non-prohibitory clause, the grant of bail had to be considered favourably as a rule, and might be declined in exceptional cases---Extra-ordinary and exceptional cases, inter alia, included likelihood of abscondence of the accused; apprehension of the accused tempering with the prosecution evidence; and the danger of the offence being repeated---Thus, a case of further inquiry was made out in the present case---Investigation had been concluded to the extent of the petitioner and his further incarceration would not serve any useful purpose--Petition was converted into an appeal and the same was allowed and the petitioner was granted post-arrest bail, in circumstances. Criminal Procedure Code (V of 1898)--- ----S.497---Bail order---Observations of the Court---Scope---Observations made in the bail order are based on tentative assessment of the available record and shall not, in any manner, prejudice the trial proceedings. ORDER ATHAR MINALLAH, J.---The petitioner has sought leave against the order of the High Court dated 11.07.2025, whereby his petition seeking post-arrest bail was dismissed. The petitioner was nominated in crime report No. 317 of 2025, dated 17.05.2025, registered at P.S. Karak, District Karak for commission of the alleged offences under sections 420, 406, 489-F and 34 of the Pakistan Penal Code, 1860 ('P.P.C.'). The…