Aziz Anjum vs Abdul Qayyum And Another
The petitioner sought the cancellation of bail granted to respondent No. 1 by the Additional Sessions Judge, Faisalabad, in a criminal case registered under Section 489-F of the Pakistan Penal Code 1860. During the proceedings, the parties reached a mutual agreement to resolve the dispute. Respondent No. 1 and his counsel undertook to pay the disputed amount in monthly installments of Rs. 20,000, with the first installment due by a specified date and subsequent payments due by the 5th of each month. The agreement stipulated that in the event of a default on any single installment, the respondent would be liable to pay the entire outstanding amount in a lump sum. Furthermore, the petitioner reserved the right to move the Trial Court for the cancellation of the respondent's bail should such a default occur. The High Court disposed of the petition for cancellation of bail in accordance with these agreed-upon terms, effectively settling the matter through the compromise reached between the parties.
- Can a petition for cancellation of bail be disposed of based on a settlement agreement between the parties regarding the payment of the disputed amount?
- Does a default in the payment of agreed-upon installments entitle the petitioner to seek the cancellation of bail before the Trial Court?
- Section 489-F, Pakistan Penal Code 1860
ORDER 'SARDAR MUHAMMAD ASLAM, J. - The petitioner seeks cancellation of bail granted to respondent No. 1 by the learned Addl. Sessions Judge, Faisalabad ;n case FIR No 898, dated 13..11.2005 registered under section 489-F, P.P.C, at Police Station Ghulam Muhammadabad District Faisalabad.
2. After hearing the leamed counsel for the parties at some length, a prayer for resolution of the dispute has-been made on the following terms:- "that respondent No. 1/accused and his learned counsel undertakes to pay the disputed amount by way of monthly instalments of Rs. 20,000/-. The first instalment will be paid by or before 5.5.2006 and the remaining will be paid regularly by or before 5th of , each month, In case of default of one instalment, he will pay the entire amount in lump sum and the petitioner reserves his right to move for cancellation of respondent's bail before the Trial Court, The aforesaid amount will be deposited in the petitioner's A/C No. 7801-157703-02 Union Bank Kotwali Road Branch, Faisalabad."
3 The petition for cancellation of bail is disposed o< ir the above terms. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.