MUHAMMAD GULZAR KIANI vs Dr. ASHFAQ AHMAD and 3 others
This criminal petition was filed under Section 497(5) of the Code of Criminal Procedure 1898 seeking the cancellation of pre-arrest bail granted to the respondents by the Additional Sessions Judge, Rawalpindi, in a case registered under Sections 408 and 506 of the Pakistan Penal Code 1860 at Police Station Cantt, Rawalpindi. The core legal question was whether sufficient grounds existed to cancel the pre-arrest bail granted to the accused persons for alleged misappropriation of funds and criminal intimidation. The Lahore High Court held that the petition was devoid of force, noting deep-rooted enmity between the parties, lack of prima facie documentary proof of misappropriation, inordinate delay in lodging the First Information Report, and absence of specific details regarding the alleged threats. The court established the principle that pre-arrest bail confirmed by a lower court on cogent and convincing grounds, absent any legal illegality or misuse of concession, will not be interfered with or cancelled.
- Whether pre-arrest bail granted by a lower court can be cancelled under Section 497(5) of the Code of Criminal Procedure 1898 without strong and exceptional grounds?
- Does an inordinate delay in lodging the First Information Report weaken the case for cancellation of pre-arrest bail?
- Whether the absence of specific time and place regarding alleged threats under Section 506 of the Pakistan Penal Code 1860 justifies the confirmation of pre-arrest bail?
- Section 497(5), Code of Criminal Procedure 1898
- Section 408, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
ORDER
Muhammad Gulzar Kiani, petitioner, has moved the instant petition under section 497(5), Cr.P.C. For the cancellation of the pre-arrest bail granted to the accused/respondents Nos.1 to 3 by Additional Sessions Judge, Rawalpindi, vide his order, dated 28-3-2000 in case F.I.R. No,95, dated 14-3-2000 registered under sections 408 and 506, P.P.C. At Police Station Cantt. Rawalpindi.
2. Brief facts of the case are as under:-- ' Muhammad Gulzar Kiani, petitioner, got registered the aforesaid case against Dr. Ashfaq Ahmad, Dr. Abdul Rauf and Asim Ahmad, respondents Nos.1 to 3 respectively, alleging therein that the aforesaid accused/respondents misappropriated the funds of National Homoepathic Medical College, and also threatened the complainant with dire consequences. The said accused/respondents applied for pre-arrest bail, which was allowed by Malik Muhammad Akram Awan, Additional Sessions Judge, Rawalpindi, and the same was confirmed vide impugned order, dated 28-3-2000 by him.
3. Feeling aggrieved, the complainant has moved the instant application and I have heard the learned counsel for the parties at length.
4. There is no doubt or dispute that there is a deep-rooted enmity between the parties; the documentary material available on the file does not prima facie prove the misappropriation of funds against the accused/respondents beyond any reasonable doubt. It is also significant to note that there is an inordinate delay in lodging the F.I.R. Hence the commission of offence under section 408, P.P.C. By the accused/respondents appears to be a mere allegation. As regards the application of section 506, P.P.C. I fully endorse the view expressed by the Court below that no time and place of the alleged threats is mentioned in the F.I.R. Moreover, as per the allegation the threats were given three days prior to the making of application to the police and no plausible explanation is offered for this delay.
5. The grounds offered for confirmation of the interim bail allowed to the accused/respondents by the learned Additional Sessions Judge, Rawalpindi, are cogent and convincing and the impugned order does not bear the imprint of any illegality on its forehead.
6. The petition is devoid of force, which stands consequently dismissed.