Professor MUHAMMAD ANWAR vs State S — 2022 YLR 2473 ISLAMABAD

Case information

Citation: 2022 YLR 2473 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: YLR
Parties: Professor MUHAMMAD ANWAR vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 5; S. 420; Penal Code (XLV of 1860); Corruption Act (II of 1947); Corruption Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Professor MUHAMMAD ANWAR VS State S. 497(5)---Penal Code (XLV of 1860), Ss. 409 & 420---Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal breach of trust, cheating and misconduct---Grant and refusal of bail---Principles---Complainant was aggrieved of grant of bail to accused and sought its cancellation---Validity---Considerations for grant of bail and for cancellation of the same were altogether different---Once bail was granted by a Court of competent jurisdiction, then strong and exceptional grounds were required for cancellation---Bail order was neither perverse nor arbitrary---Offence under S.420, P.P.C. was bailable wherein bail was to be granted as a matter of right while offence under S. 5(2) of Prevention of Corruption Act, 1947, did not fall within the ambit of prohibitory clause of S.497, Cr.P.C., wherein grant of bail was a rule and refusal was an exception---High Court declined to interfere in bail order granted in favour of accused---High Court directed that if at any time accused would misuse privilege of bail it was open to complainant to approach Court concerned for cancellation of bail---Application was dismissed, in circumstances.

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