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Petitioner: Mst. NAEEM AKHTAR VS Respondent: WAKEEL BADSHA and another
Court Name: Lahore High Court Judge(s): Asad Munir Title: Mst. NAEEM AKHTAR vs WAKEEL BADSHA and another Case No.: Criminal Misc. No, 283-BC of 2010 Date of Judgment:2010-02-19 Reported As: 2011 P Cr. L J 886 Result: Petition dismissed.
Judgment ORDER ASAD MUNIR, J.---This is a petition under section 497(5), Cr.P.C. for recalling.order dated 26-1-2010 whereby pre-arrest bail was granted to the respondent No, 1 by learned Additional Sessions Judge, in case F.I.R. No,14, dated 13-1-2010 for offence under section 489-F/468/471/420, P.P.C. registered at .Police Station Kohsar, Islamabad. 2. It is alleged in the F.I.R. that the petitioner purchased a Suzuki Mehran car from.Kashif Javed through respondent No,1, who is her ex-husband, and who acted as surety for the transaction. However, the Car was subsequently seized by bank on account of default in payment of instalments. 3. Learned counsel for the petitioner has questioned the grant of bail to the petitioner on the ground that the pre-arrest bail has been granted without considering the evidence on record which showed that the respondent No,1 was fully involved along with the other accused, who had committed fraud in selling a car to the petitioner without . disclosing that instalments were due to the bank. 4. I have considered the contention of the learned counsel for the petitioner but I am unable to see any perversity in the bail granting order which cannot be taken exception to. Nor any exceptional circumstance has been brought to my notice as would persuade me to order cancellation of the bail. The role of the petitioner as a surety in the transaction for the sale of car is yet to be determined and the evidence as it presently exists does not make out a case for cancellation of bail. 5. In view of the above, the petition for cancellation of bail is devoid of merit and is accordingly