MUHAMMAD NAQASH vs HUSSAIN NASIR Ss — 2023 MLD 2114 Gilgit-Baltistan Chief Court

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MUHAMMAD NAQASH VS HUSSAIN NASIR Ss.497(5) & 497(1)---Penal Code (XLV of 1860), Ss. 489-F & 420---Dishonoring of cheque, cheating and dishonestly inducing delivery of property---Petition for cancellation of post-arrest bail, dismissal of---Offence not falling within the ambit of prohibitory clause of S. 497(1) of the Criminal Procedure Code, 1898---Petitioner/complainant had not been able to put-forth any of the settled principles/grounds governing the cancellation of bail of the respondent/accused---Moreover, offence under S. 489-F of the Penal Code, 1860, did not fall within the ambit of prohibitory clause of S. 497(1) of the Criminal Procedure Code, 1898 and grant of bail in such offence was a rule and refusal an exception---Application for cancellation of post-arrest bail moved by the complainant, being devoid of merit, was dismissed in circumstances. Head NotesCase Description Citation Name: 2023 MLD 2114 Gilgit-Baltistan Chief CourtBookmark this Case MUHAMMAD NAQASH VS HUSSAIN NASIR S. 497(5)---Cancellation of bail---Grounds---Strong and cogent reasons are required for cancellation of bail as the grounds for grant of bail and that of cancellation of bail granted by a competent Court of Law are different---Bail granted to the accused can only be cancelled on the following grounds: (i) That if bail granting order is perverse or disregards settled principles regulating the grant of bail; (ii) That accused has tried to hamper prosecution evidence by pressurizing the prosecution witnesses; (iii) That it is patently illegal, erroneous, factually incorrect and has resulted in miscarriage of justice; (iv) That the accused after grant of bail has misused the concession of bail; and (v) That there is likelihood of absconsion of the accused. Head NotesCase Description

MUHAMMAD NAQASH vs HUSSAIN NASIR Ss — 2023 MLD 2114 Gilgit-Baltistan Chief Court

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