| Citation(s) |
|---|
| 1994 SLG 586 1994 SLD 586 1994 SCMR 478 |
Supreme Court of Pakistan
Crl. P.LA. No. 287-L of 1993, decision dated: 22-11-1993
SHAFIUR RAHMAN AND SALEEM AKHTAR, JJ
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Crl. P.LA. No. 287-L of 1993, decision dated: 22-11-1993
SHAFIUR RAHMAN AND SALEEM AKHTAR, JJ
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ASGHAR ALI
MUHAMMAD RAFIQ and others
Law:
Section:
Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), S380---Cancellation of bail--Document relied upon by the complainant merely related to a dispute between the parties about the theft of the cloth which was being referred to arbitration without any liability having been admitted by the accused---High Court had allowed pre-arrest bail to the accused as the possibility of their false implication in the case could not be ruled out---Supreme Court declined interference. ORDER SALEEM AKHTAR, J: --The petitioner seeks leave to appeal against the order of the learned Judge in Chambers of the High Court whereby the pre-arrest bail granted to respondents Nos.l and 2 was confirmed. 2. The petitioner had installed powerlooms in which respondent No.l was employed. The petitioner lodged a report on 23-8-1992 that respondents Nos.l and 2 have stolen cloth worth Rs.3,36,000. It was alleged that respondent No.2 Muhammad Ramzan, real brother of respondent No.l had been visiting him in the factory. It is alleged that the respondents have confessed the guilt and promised to repay the amount and in this regard they had agreed for an arbitration as well. From the facts on record it seems that respondent No.l Muhammad Rafiq had made a complaint to the High Court that the police had refused to register his complaint against the petitioner. By order dated 16-8-1992 the High Court directed the S.S.P. Faisalabad to receive the complaint of respondent No.l for taking action on it according to law. The petitioner lodged his F.I.R. on 23-8-1992 after respondent No.l had taken action in the matter. The learned Judge in Chambers while taking note of the fact that the…
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