State vs Sher Jahan Ss — 2025 MLD 328 Gilgit-Baltistan Chief Court

Case information

Citation: 2025 MLD 328 Gilgit-Baltistan Chief Court
Year: 2025
Reporter: MLD
Parties: State vs Sher Jahan Ss
Subject matter: Criminal
Provisions referred to: S. 395---D; S. 497; S. 489-F; Penal Code (XLV of 1860)

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

State VS Sher Jahan Ss. 497(5) & 497(2)---Penal Code (XLV of 1860), S. 395---Dacoity---Petition for cancellation of bail, dismissal of---Accused-respondents were charged for forcibly snatching the vehicle of the complainant---First Information Report had been lodged after a delay of about four months of the occurrence and the complainant had failed to explain the delay in lodging of FIR---Moreover, there was a transaction of car between the petitioner/complainant and the respondents/accused as evident from sale deed dated 24.04.2024 whereby the complainant had sold out Toyota Corolla which had been allegedly forcibly snatched by the respondent/accused from the complainant---Hence, controversy between the parties seemed to be of civil nature and required further inquiry into the guilt of the respondents/accused under S.497(2), Cr.P.C.---Perusal of record revealed that the respondent No.2/accused had also lodged FIR against brother of complainant under S.489-F, P.P.C., which created serious doubt regarding involvement of the respondents/accused in the case---Moreover, when the Court of competent jurisdiction had granted bail to the accused, then strong grounds were required for its cancellation---For cancellation of bail, the Court had to see whether the accused after release on bail was creating hindrance for complainant party, tampering with the prosecution evidence or misusing the concession of bail---Perusal of record depicted that all the said ingredients required for cancellation of bail were lacking in the instant case---Petition filed under S.497(5) Cr.P.C being bereft of merit was dismissed, in circumstances.

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