Judgment Text

2016 Y L R Note 202 [Sindh] Before Aqeel Ahmed Abbasi, J ALI AHMED SIYAL---Applicant versus NAZIR AHMED---Respondent Criminal Miscellaneous Application No.38 of 2016, decided on 22nd March, 2016. Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S. 489-F---Dishonouring of cheque---Bail, cancellation of--- Signatures of accused---Determination--- Alteration in cheque---Complainant was aggrieved of grant of pre-arrest bail to the accused---Validity---Cheque in question was altered and signatures on such alteration were different from signatures of accused---Fact regarding repayment of loan or fulfillment of any obligation was disputed and the same required evidence---False implication of accused could not be ruled out and matter required further inquiry and the same was rightly considered by Trial Court while confirming bail to accused---No sufficient materials and grounds were raised nor any illegality pointed out in the order to seek cancellation of bail which prima facie was prerogative and discretion of Trial Court deciding a bail application in accordance with law---Grounds and parameters for seeking cancellation of bail are more stringent and different from the parameters which were required to be taken into consideration at the time of grant of bail to accused---High Court declined to interfere in the bail order passed by Trial Court as otherwise case of the accused did not fall within the prohibitory clause of S.497 of Cr.P.C.---Petition…