Law:

Section:

Criminal Procedure Code (V of 1898)------S. 497(5)-Penal Code (XLV of 1860), S. 409---Constitution of Pakistan (1973), Art. 185(3)---Criminal breach of trust---Bail, cancellation of---High Court had granted bail before arrest to accused in violation of the parameters prescribed and the dictum laid down by Supreme Court in this regard---Allegation of mala fides against the police was important---Investigating Officer had declared the accused to be innocent without recording the statements of the aggrieved persons and the complainant---Investigating Agency had not conducted the investigation in the case in accordance with law---Supreme Court would recall the bail when allegation of mala fides against the police appeared to be unreasonable---Accused was specifically named in the F.I.R. and his name was not deleted by the complainant in his supplementary statement recorded later---Examinee students had, prima facie, been defrauded and their examination fees had been embezzled by the accused---Bail granted to accused by High Court was recalled in circumstances. Murad Khan v. Fazal-e-Subhan and another PLD 1983 SC 82 ref. Imtiaz A. Shaukat, Advocate Supreme Court along with Petitioner. Alamgir, Additional Advocate-General, Punjab along with Altaf Hussain, A.S.-I. Police Station City, Narowal for the State. ORDER CH IJAZ AHMED, J.---Vide order dated 26-11-2009 notice was issued to Junaid Toor who had been granted bail before arrest by the High Court vide order dated 9-9-2009 while Shaukat Hayat petitioner was declined bail before arrest. Shaukat Hayat's Criminal Petition No.1325-L of 2009 was dismissed by this Court as well vide order dated 26-11-2009. 2. Learned counsel for the petitioner submits that petitioner was not involved in F.I.R. No. 217 of 2009 dated 18-7-2009 as is evident from the contents of the impugned F.I.R. and the supplementary statement of the complainant dated 12-9-2009. The Investigating Officer had also declared him innocent. Learned counsel for the petitioner alleges mala fide against the Police. 3. The Additional Prosecutor-General submits that Shaukat Hayat was also included in supplementary statement along with the petitioner. The…

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