Law: Pakistan Penal Code (PPC),1860

Section: 489-F

ORDER SHEET.        Through the instant criminal misc., petitioner prays for cancellation of pre-arrest bail granted to respondent No.1(Mst. Fareen Irtizaz) vide order dated 06.09.2021, passed by the learned Additional Sessions Judge-I, Islamabad-East in FIR No. 300, dated 19.09.2019 under section 489-F PPC, Police Station Lohi Bhair, Islamabad.  Precisely, relevant facts are that initially on the same allegations, petitioner got registered FIR No.110, dated 02.04.2019 under Section 489-F PPC against the respondent No.1 at Police station Kohsar, Islamabad. The latter filed application for pre-arrest bail which was disposed of by the then learned Sessions Judge, Islamabad (West) vide order dated 30.07.2019 by observing that “FIR of P.S Kohsar after canceling the offence from said police station may be transferred to P.S. Lohi Bher.” After the registration of FIR at Police Station Lohi Bher, Islamabad, respondent No.1 applied for pre-arrest bail which was allowed by the learned Additional Sessions Judge-I, Islamabad-East vide order dated 06.09.2021. Hence, instant petition.   Criminal Misc. No.347-BC/ 2022                                                   -2-   Learned counsel argued that the impugned order is arbitrary and against the law and facts; that respondent No.1 is a habitual offender and since absconded, therefore, impugned order is liable to be set aside.  Heard, record examined.  It is settled principle that for cancellation of bail strong and exceptional grounds are required besides to show that the bail granting order is erroneous, accused has misused the concession of bail, tried to hamper prosecution evidence, likelihood of absconsion, attempted to interfere with investigation and that  some fresh facts and material has been collected during investigation. Reliance is placed upon case of “Samiuallah& another v. LaiqZada&…