769/2021 Criminal Miscelleneous NOMAN MARWAT S/O KAISAF KHAN (Applicant) V/S IVTH ADJ KHI MALIR & ORS (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
769/2021 Criminal Miscelleneous NOMAN MARWAT S/O KAISAF KHAN (Applicant) V/S IVTH ADJ KHI MALIR & ORS (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 31-DEC-21
In principle, the offense under section 489-F PPC is punishable with imprisonment of three years, thus, does not fall within the prohibitory clause of section 497 Cr. P.C; and, the grounds for cancellation of bail are altogether different from the grant of bail; and once pre-arrest bail is confirmed, the exceptional and extraordinary grounds, as well as strong reasons, are required to recall the bail order granted earlier to the accused. The principles enunciated, governing for grant of bail and cancellation whereof has been set at naught by the Honorable Supreme court in the case of Sharif Khan V/S The State and another, 2021 SCMR 87