| Case ID |
383edc5c-0ef9-4ab6-bfbd-c78a07f45206 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 314 of 2009 |
| Decision Date |
Mar 04, 2010 |
| Hearing Date |
Mar 04, 2010 |
| Decision |
The application for bail cancellation was allowed, and the impugned bail granting order was set aside due to the respondent's long abscondence and the financial and psychological impact on the complainant. The court emphasized that the grant of bail is a matter of discretion that should not be exercised arbitrarily and highlighted that a fugitive from law loses certain legal rights. The respondent, who remained an absconder for six years, was taken into custody and directed for investigation, with the prosecution ordered to complete the investigation promptly. |
| Summary |
The case revolves around the cancellation of pre-arrest bail granted to Ali Abbas, who was charged under section 489-F of the Penal Code for dishonoring cheques. The complainant, Shah Murtaza, argued for bail cancellation citing the respondent's long abscondence and the financial and psychological distress caused. The court found the respondent's defense of stolen cheques unconvincing, particularly since the cheques were signed by him. The court ruled that the respondent's lengthy abscondence disqualified him from the concession of bail, emphasizing the discretion involved in granting bail must be exercised judiciously. The decision underscores the importance of accountability and the legal implications of absconding in criminal cases. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN FASIH-UL-MULK, JUSTICE,
SHAH MURTAZA HAIDER
|
| Lawyers |
Aurangzeb Asad,
Qazi Muhammad Arshad,
Munir Ahmed Bhatti
|
| Petitioners |
Shah Murtaza
|
| Respondents |
Ali Abbas
|
| Citations |
2010 SLD 2845,
2010 PCRLJ 1099
|
| Other Citations |
2007 SCMR 174
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(5),
498,
489-F
|