Citation Name : 2008 MLD 1018 KARACHI-HIGH-COURT-SINDH
Side Appellant : Sardar MUHAMMAD ASIF
Side Opponent : State
S. 514--Penal Code (XLV of 1860), Ss.419, 420 , 468, 471 & 109---Forfeiture of bond---Applicant stood surety for accused, memo of surety produced by applicant was accepted by the court below and after execution of bond, custody of accused was handed over to him with direction to produce accused on each and every date of hearing in court--Surety was duty bound to cause attendance of accused in court on each and every date of hearing and failure of accused to attend the court would react on the surety---If despite of notice served on surety by the court, he failed to produce accused in court, court would be within its right and power to forfeit surety bond under S.514, Cr.P.C. and further impose fine thereby directing surety to deposit full quantum of surety bond---Accused had frequently jumped bail with intention that reduced quantum of the surety bond would be deposited, which tantamount to his acquittal from the main case---If accused jumped bail , the surety was not entitled to any leniency and full amount of surety bond must be forfeited by the court, without showing any leniency to the surety.
Citation Name : 2008 MLD 805 KARACHI-HIGH-COURT-SINDH
Side Appellant : MUHAMMAD FAROOQ KHAN
Side Opponent : PROVINCE OF SINDH
S. 498---Penal Code (XLV of 1860), Ss.406, 420 & 506-B/34---Pre-arrest bail , grant of---Mater was sub judice before Judicial Magistrate---On the day of alleged incident, accused was at place 'K' where he was attending the proceedings of case in the Court of Judicial Magistrate---Criminal proceedings at place 'L', in circumstances, had been motivated to harass and humiliate accused---Question of alibi, however, would be considered by the Trial Court---Sections of P.P.C., mentioned in F.I.R., were bail able in nature except S.506-B, P.P.C.---Accused, in circumstances, had succeeded in making out a prima facie case that .F.I.R. had been manipulated with ulterior motives---Accused in circumstances was entitled to the concession of pre-arrest bail .
Citation Name : 2008 MLD 803 KARACHI-HIGH-COURT-SINDH
Side Appellant : MUHAMMAD FAROOQ KHAN
Side Opponent : PROVINCE OF SINDH
S. 498---Penal Code (XLV of 1860), Ss.406, 420 & 506/34--Constitution of Pakistan (1973), Art.199---Constitutional petition--Interim bail , grant of---Prima facie, it appeared that accused was present in the city of 'K' on date of incident, when F.I.R. was lodged at place 'L'---Interim bail was granted to accused, in circumstances.
Citation Name : 2008 MLD 182 KARACHI-HIGH-COURT-SINDH
Side Appellant : SHAHIDA BEGUM
Side Opponent : MUHAMMAD RAMZAN
S.561-A---Penal Code (XLV of 1860), Ss.406, 420 & 506(2)---Quashing of proceedings---Contents of the direct complaint did not make out any criminal offence against accused---Case was a false one which had been filed only in order to harass ex-wife---Civil Judge/Judicial Magistrate had misused his power and had not applied his judicial mind while registering the case as he had not even given a thought for a second that he was issuing bail able warrants against a woman who was living at place "K" to attend the court at place---Judicial Magistrate while registering that case had exceeded his power at "N"---No case under Ss.420 & 506(2), P.P.C. was made out---Such was a clear instance of harassment of an ex-wife---Proceedings were quashed, in circumstances.
Citation Name : 2007 SCMR 843 SUPREME-COURT
Side Appellant : LAL MUHAMMAD KALHORO and others
Side Opponent : State
--Ss. 497(1) & 498---Prevention of Corruption Act (II of 1947), S.5(2)---Penal Code (XLV of 1860), Ss.419/420 /468/471/109---Pre-arrest bail , confirmation of---No direct evidence was available with prosecution connecting applicants (Revenue Officials) with alleged forgery in Revenue Record or showing their involvement in grabbing of disputed land---Only evidence available on record in police papers against applicants consisted of vague statements of prosecution witnesses---Case against applicants was that of further enquiry---Two other accused having against them similar case had been admitted to pre-arrest bail ---Applicants had joined investigation and got their statements recorded before Investigating Officer---Custody of applicants was not required for any investigation---Interim challan had been submitted---Commencement of trial in near future was not expected---Proposed departmental action against applicants would take sufficient time normally extending to years---Pre-arrest bail granted to applicants was confirmed.
Citation Name : 2007 SCMR 1958 SUPREME-COURT
Side Appellant : NADEEM MAJEED
Side Opponent : State
---S. 497---National Accountability Ordinance (XVII of 1999), S.18---Penal Code (XLV of 1860), Ss.408 & 420 ---bail , grant of---Accused, in the present case, .having made out a fit case for the grant of bail in the peculiar facts and the circumstances of the case, bail could not be withheld by way of punishment---Reasonable grounds were available to believe that accused could not be ultimately found guilty of the charges against him---Leave to appeal having already been granted to examine question of jurisdiction of National Accountability Bureau as an interim relief, direction was issued to release the accused on bail .
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