MUHAMMAD GULZAR KIANI vs Dr. ASHFAQ AHMAD And Other
This 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. The petitioner alleged that the respondents misappropriated funds of the National Homeopathic Medical College and issued threats of dire consequences, leading to the registration of a case under Sections 408 and 506 of the Pakistan Penal Code 1860. The core legal question was whether the pre-arrest bail granted to the accused should be cancelled based on the evidence presented. The Court observed that there was deep-rooted enmity between the parties and that the documentary evidence failed to prima facie establish the misappropriation of funds beyond reasonable doubt. Furthermore, the Court noted an inordinate delay in lodging the FIR and found the allegations under Section 506 of the Pakistan Penal Code 1860 unsubstantiated, as the FIR lacked specific details regarding the time and place of the alleged threats. Consequently, the Court held that the impugned order granting bail was legally sound and dismissed the petition, affirming that no grounds existed for cancellation.
- Does an inordinate delay in lodging an FIR constitute a valid ground for refusing to cancel pre-arrest bail?
- Can pre-arrest bail be cancelled when the documentary evidence fails to prima facie establish the alleged offence?
- Is the absence of specific details regarding the time and place of alleged threats in an FIR a relevant factor in bail proceedings?
- Section 497(5), Code of Criminal Procedure 1898
- Section 408, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
ORDER IFTIKHAR AHMAD CHEEMA, J.- 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 No. 1 to 3 by additional Sessions Judge, Rawalpindi, vide his order dated 28.3.2000 in case FIR No. 95 dated 14.3.2000 registered under sections 408, 506 PPC, 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 No. 1 to 3 respectively, alleging therein that the aforesaid accused/respondents mis-appropriated the funds of National Homeopathic 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 o the file does not prima facie prove the mis-appropriation 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 FIR. Hence the commission of offence under section 408 PPC by the accused respondents appears to be a mere allegation. As regards the application- of section 506 PPC, I fully endorse the view expressed by the Court below that no time an place of the alleged threats is mentioned in the FIR. Moreover as per the allegation the threats were given three days prior of 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 to the accused/respondents by the learned Additional Sessions Judge, Rawalpindi, are cogent an I 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.