Citation Name: 2025 YLR 1798 KARACHI-HIGH-COURT-SINDHBookmark this Case Hamayoon Shahzad vs State Ss

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Citation Name: 2025 YLR 1798 KARACHI-HIGH-COURT-SINDHBookmark this Case Hamayoon Shahzad VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss. 406 & 420---Criminal breach of trust, cheating---Pre-arrest bail, confirmation of---Further inquiry---Delay in lodging the FIR---Allegation against the accused-petitioner was that government property was handed over to him on monthly rent which was misappropriated---As per record, there was an inordinate delay of more than seven years in lodging the FIR but claim of the parties on the subject property was to be determined by the Trial Court, based on documentary evidence and most of the witnesses had been examined and now the trial was at the verge of conclusion---Thus, at this stage, the element of malice and mala fide on the part of the complainant could not be ruled out as his prima facie intent was to obtain possession of the subject property which was not the function of the Court, however it was for the parties to take resort of civil proceedings---All such factums made the case of the applicant to be one wherein the exercise of extraordinary discretion of pre-arrest bail would be just to meet the ends of justice, particularly, when the circumstances warranting further inquiry and the fact that the alleged offences 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---No recovery had been shown by the Investigating Officer, who was even otherwise clueless, which had caused damage to the prosecution case and nobody was bothered to see that factum, therefore the High Court was left with no option, but to accept the plea of applicant at this stage for grant of pre-arrest to him---Consequently, bail application was allowed and the interim pre-arrest bail granted to the applicant earlier was confirmed, in circumstances.

Citation Name: 2025 YLR 1798 KARACHI-HIGH-COURT-SINDHBookmark this Case Hamayoon Shahzad vs State Ss — 2025 YLR 1798 KARACHI-HIGH-COURT-SINDH

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