Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S.497(5)---Penal Code (XLV of 1860), Ss.419/420/468/417/477-A/ 109---Prevention of Corruption Act (II of 1947), S.5---Bail, cancellation of---Accused was specifically named and comprehensively described in the F.I.R. as one of the conspirators and preparators of the crime ---Co¬accused after his arrest from the Bank had mentioned the accused as one of his collaborators whose statement could be validly taken into consideration while deciding such matters---Accused had approached the Special Court for bail while his bail petition was pending Disposal before the Supreme Court and he withheld this fact from the Special Court--¬Special Court had also ignored the finding of the High Court that the accused was not entitled to grant of bail even on merits of the case and in granting bail to him it had acted contrary to the conclusions reached by High Court and that too on the basis of the stance taken by the Investigating Officer which was seriously questionable ---Accused had secured his release on bail by grossly abusing the process of Court and he could not be permitted to continue enjoying the fruits of such an ill-gotten gain---Bail allowed to accused was cancelled accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S.497(5)---Bail, cancellation of---Statement of co-accused implicating the accused can be validly taken into consideration while deciding such matters. (c) Criminal trial--- ---- Appreciation of evidence---Police opinion---Courts are not bound by the stance taken by the Investigating Officers while dealing with criminal matters. Masood Mirza, Advocate Supreme Court and Dr. Sohail Akhtai, Advocate Supreme Court with M.A. Qureshi, Advocate-on-Record for Petitioner. Muhammad Nawaz Bhatti Deputy Attorney-General for the Date of hearing: 6th March, 2003 ORDER KHALIL-UR-REHMAN RAMDAY, J.---This matter relates to the grant of bail to one Naseem Malik who is a person accused of the alleged commission of offences punishable, inter alias under sections 4191420/468/417/477-A and 109 of Pakistan Penal Code as also for the alleged commission of an offence punishable under section 5 of the Prevention of Corruption…

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