Case Details

Citation(s)
2026 SLG 4466 = 2026 SLD 4466
Lahore High Court
Crl. Misc. No.46375-CB/2026
Presented By: (Muhammad Amjad Pervaiz) Judge
12.08.2026 Ch. Tariq Mehmood, Advocate for the petitioner.

Masood Aslam

VERSUS

The State, etc.

Law: Code of Criminal Procedure, 1898

Section: 497(5)

Law: Pakistan Penal Code (PPC),1860

Section: 406

Summary Masood Aslam filed a petition under Section 497(5) Cr.P.C. seeking cancellation of pre-arrest bail granted to the accused in a case under Section 406 PPC concerning a car allegedly borrowed for ten days but not returned. The accused, however, had already filed a civil suit claiming that he had purchased the vehicle for Rs.75,00,000/- and received its possession, while the complainant maintained that the vehicle was only borrowed. The bail court found these conflicting versions to be matters requiring determination at trial and also noted that the FIR was lodged after a delay of more than six months and shortly after the complainant filed his written statement in the civil suit. The High Court held that cancellation of already-granted bail requires strong and exceptional grounds, such as a patently illegal/perverse bail order, misuse of bail, interference with witnesses or investigation, likelihood of absconding, commission of another offence, or emergence of fresh incriminating material. Since the petitioner failed to establish any such ground, the impugned bail order was neither perverse nor contrary to settled law. Petition dismissed in limine. Tagline Cancellation of bail requires strong and exceptional grounds; mere disagreement with a lawful bail order is insufficient where no misuse of bail or perversity in the order is established. ORDER; This criminal miscellaneous has been filed in terms of Section 497(5) Cr.P.C. by the petitioner/complainant Masood Aslam for seeking cancellation of pre-arrest bail granted to respondent No.2 vide order dated 30.06.2026 passed by learned Addl. Sessions Judge, Lahore in case FIR No.506/2026 dated 14.05.2026, for offence under Section 406 PPC, registered at Police Station, Mozang Lahore. As per contents of the FIR, the prosecution story precisely is that the respondent borrowed car bearing registration No.KY-4443 from the complainant on 28.11.2025 for ten days in order to attend a marriage ceremony and later on, he did not return the same. He initially lingered on the matter for one pretext or another and ultimately refused to return it. Arguments heard. Record perused. For ready reference, the operative paragraph…
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