Syed ADNAN ZAFAR vs State S — 2023 YLR 2660 KARACHI-HIGH-COURT-SINDH

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Syed ADNAN ZAFAR VS State S. 498---Penal Code (XLV of 1860), Ss. 420, 468, 406 & 34---Cheating and dishonestly inducing delivery of property, forgery for the purpose of cheating, criminal breach of trust, and common intention---Pre-arrest bail, confirmation of---First Information Report had been lodged with the unexplained delay of one year and no iota of evidence was available against the petitioner---Present case hinged upon the agreement, original of which was not available with the prosecution---Petitioner had denied signing / execution of agreement-in-question with the complainant, thus said fact (execution) required further enquiry which would be proved after recording evidence during the trial---No complaint of misuse of concession of bail or tampering the record had been pointed out, while petitioner was regularly appearing before High Court as well as Trial Court---Petitioner had, admittedly, not violated any condition on the basis of which his bail could be cancelled---Ad interim pre-arrest bail already granted to the petitioner was confirmed, in circumstances. Citation Name: 2023 YLR 2660 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed ADNAN ZAFAR VS State S.497(5)---Bail, cancellation/recalling of---Principles relating to cancellation of bail---Bail could be cancelled:- (i) if the bail granting order is patently illegal, erroneous, factually incorrect and has resulted into miscarriage of justice, (ii) accused has misused the concession of bail in any manner, (iii) accused has tried to hamper prosecution by persuading/ pressurizing prosecution witnesses, (iv) there is likelihood of absconsion of the accused beyond the jurisdiction of the Court, (v) accused has attempted to interfere with the smooth course of investigation, (vi) accused has misused his liberty while indulging into similar offence, (vii) some fresh facts and material has been collected during the course of investigation which tends to establish guilt of the accused. Citation Name: 2023 YLR 2660 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed ADNAN ZAFAR VS State Ss. 497 & 498---Pre-arrest/Post-arrest bail, grant of---Evidence, appreciation of---Scope---At bail stage, deeper appreciation of evidence and circumstances, appearing in the case, is not permitted and only tentative assessment is to be made, however, where accused satisfies the Court that there are reasonable grounds to believe that he is not guilty of such offence, then the Court must release him on bail.

Syed ADNAN ZAFAR vs State S — 2023 YLR 2660 KARACHI-HIGH-COURT-SINDH

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