Case Details

Citation(s)
2026 SLG 4282 = 2026 SLD 4282
Islamabad High Court
Criminal Revision No.9 of 2025
Presented By: (INAAM AMIN MINHAS) JUDGE
Petitioner by: Ch. Jamshed and Ch. Abdul Ghafoor Qammar, Advocates.
Respondent No.1/State by: Rana Ali Raza, State Counsel.
Respondent No.2 by: Mr. Waqas Ali, Advocate. Waqar Ahmad S.I and Ali Muhammad S.I with record. Date of Decision: 18.02.2025

HAZRAT UMAR

VS

. THE STATE AND ANOTHER

Law: Code of Criminal Procedure, 1898

Section: 435, 439, 497, 497(2), 497(5), 467, 420, 468, 471, 381 & 34

Law: Pakistan Penal Code (PPC),1860

Section:

 Legal Summary

Case: Inaam Amin Minhas, J. — Criminal Revision under Sections 435 & 439 Cr.P.C.

Tagline 

“Bail once granted cannot be cancelled merely because a penal section carrying a prohibitory punishment was subsequently disclosed or added; cancellation requires exceptional and legally recognized grounds such as misuse of bail, interference with investigation/evidence, abscondence, or a patently illegal bail order.”

Core Facts

The petitioner was arrested in FIR No. 496 dated 28.07.2023, P.S. Tarnol, Islamabad, initially involving Sections 420, 468, 471, 381 & 34 PPC.

The petitioner was granted post-arrest bail by the Judicial Magistrate on 03.10.2024, partly following the principle of consistency, because the co-accused had already been granted bail.

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