Shoaib Hassan vs Safdar Khan S — 2026 MLD 481 Gilgit-Baltistan Chief Court

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Shoaib Hassan VS Safdar Khan S. 497(5)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Application for cancellation of bail, dismissal of---Allegations against the accused-respondent was that he issued cheque in consideration of purchasing of a vehicle from the petitioner/complainant and when the cheque was presented before the bank concerned, the same was dishonoured due to insufficient funds, hence the FIR was lodged---Accused-respondent was arrested in the said FIR---Accused-respondent filed bail application before the Judicial Magistrate but was rejected---Being aggrieved, the accused-respondent filed bail application before the Sessions Court, which was allowed---Validity---From perusal of the record, it was evident that the respondent/accused was granted bail by the Sessions Judge---Grounds urged by the petitioner/complainant for cancellation of bail revolved around deeper appreciation of evidence which was not permissible at bail stage and the grounds for cancellation of bail and grounds for granting bail were totally different---For cancellation of bail under S.497(5), Cr.P.C., it was mandatory that there should be repetition of offence; chance of absconsion; tempering of prosecution evidence; interference in the investigation; creation of hurdles in investigation, or a try to delay the trial; judgment/order passed by the lower Court being without jurisdiction or illegal exercis of jurisdiction, but no such like situation existed in the present case---Court had exercised its discretion in granting bail and the same did not appear to be perverse, illegal or arbitrary---Moreover, once a bail was granted by the Court of competent jurisdiction, then it could only be recalled on exceptional grounds, such exceptional grounds were not existing in the instant case---Furthermore, no grounds for cancellation of bail had been substantiated by the petitioner/complainant in the instant application---Application filed under S.497(5), Cr.P.C for cancellation of bail was dismissed, in circumstances.

Shoaib Hassan vs Safdar Khan S — 2026 MLD 481 Gilgit-Baltistan Chief Court

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