Muhammad Hashim vs Farooq Domki Baloch S — 2025 YLR 2136 KARACHI-HIGH-COURT-SINDH

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Muhammad Hashim VS Farooq Domki Baloch S. 497(5)---Penal Code (XLV of 1860), Ss. 457, 337-A(i), 504 & 506(2)---Lurking house-trespass or house-breaking by night in order to commit offence, causing shajjah-i-khafifah, intentional insult with intent to provoke breach of the peace, criminal intimidation---Application for cancellation of bail, dismissal of---Record reflected that after registration of case the accused moved an application for grant of pre-arrest bail before the Trial Court, who granted ad-interim pre-arrest bail to them and later on their interim pre-arrest bail was confirmed vide order dated 30.12.2024, which was impugned---Record reflected that the pre-arrest bail was granted to respondents/accused on the grounds that FIR was delayed about seventeen days without plausible explanation and all Sections applied in the FIR were bailable except Ss.506/2 & 457, P.P.C., which would be determined at the time of trial---Further, the alleged offences cited in the FIR did not fall within the prohibitory clause and grant of bail in such like cases was a rule; and that there was a dispute over children quarrel between the parties, as disclosed in the memo. of FIR as well as Trial Court's order---Hence, the case of the accused/respondents fell within the ambit of S.497(2),Cr.P.C---Principles for granting bail and those for cancellation of bail were altogether different---Strong and cogent reasons were required for recalling of bail granting order---Applicant/complainant was unable to demonstrate principles governing the cancellation of bail---Grounds for cancellation of bail as agitated by complainant could only be thrashed out at the time of recording evidence of the parties---Since the trial was yet to begin thus no fruitful result would come out to recall the pre-arrest bail order---Application for cancellation of bail was dismissed in limine, in circumstances.

Muhammad Hashim vs Farooq Domki Baloch S — 2025 YLR 2136 KARACHI-HIGH-COURT-SINDH

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