Muhammad Hasnain vs Ghulam Hasnain S — 2026 YLR 742 Gilgit-Baltistan Chief Court

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Muhammad Hasnain VS Ghulam Hasnain S. 497(5)---Penal Code (XLV of 1860), Ss. 452, 354, 506, 337-A, 109 & 34----House-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force to woman with intent to outrage her modesty, criminal intimidation, causing injury, abetment, common intention---Application for cancellation of bail, dismissal of---Petitioner/ complainant was aggrieved of grant of pre-arrest bail to respondent/accused by High Court---Accused were charged that at the behest of the male accused-respondents, the female accused/ respondents entered into the house of complainant and by beating his wife, dragged her out of the house and also threatened and tried to attack her---Admittedly, all the offences reflected in the FIR except 452, P.P.C, were bailable---No recovery of any kind was required from the named accused/respondents, because the investigation to the extent of all the accused was complete and the challan of the case was already submitted in trial Court for onward proceedings---Bail once granted by the competent Court having jurisdiction could not be cancelled unless there were compelling circumstances or the bail granting order was void, illegal or fanciful---Section 497(5), Cr.P.C. emphasized three grounds for the cancellation of bail namely; if accused misused the liberty of bail; if accused had committed the same offence while remaining on bail; if accused tried to tamper with the evidence brought on record during investigation---Petitioner failed to establish any such ground during arguments---Furthermore, investigation in the case was complete to the extent of accused/respondents---While the pre-arrest bail was an extra-ordinary relief and if the petition in hand was dismissed on that technical ground, the respondents would be entitled to post arrest bail on the basis of merit, soon after the pronouncement of the order by the Court, because there was contradiction in the contents of FIR and the statements of eye-witness recorded during investigation under S.161, Cr.P.C, which made the case of prosecution one of the further inquiry---Basic law was bail and not jail, hence by sending the respondents/accused behind the bars would not serve any useful purpose that too when the investigation in the case was complete and nothing had to be recovered from the accused/petitioners even after their arrest, hence the arrest of accused might be presumed to be not fruitful for further investigation---All the offences mentioned in the FIR were either bailable or did not fall in the prohibitory clause of S.497 Cr.P.C.---Impugned orders passed by the Trial Court were well reasoned and based on application of judicious mind, which called for no interference of the High Court---Petition for the cancellation of pre-arrest bail being devoid of any merit, was dismissed, in circumstances.

Muhammad Hasnain vs Ghulam Hasnain S — 2026 YLR 742 Gilgit-Baltistan Chief Court

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