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2013 YLR 1600

ABDUL HAMEED vs The STATE and another

Citation2013 YLR 1600
CourtLahore High Court
Case No.Criminal Miscellaneous No.14081-BC of 2011
Date2012-09-26
Judge(s)Shahid Hameed Dar
ResultBail recalled

ORDER

' SHAHID HAMEED DAR, J.---The respondent-accused, Sh.Abdul Samad was granted bail before arrest by this court vide order dated 19-5-2011, passed in Criminal Miscellaneous No.5085-B-2011, A for the solitary reason that compromise had been effected between the parties, in line of which he was required to defray each penny of the 'worked out' amount to the complainant-petitioner within next five months from the date of the above said bail granting order. Due to apathetic attitude of the respondent-accused, the petitioner filed the instant cancellation petition under section 497(5), Cr.P.C. On 20-10-2011 which could not be decided due to repeated promises made by the respondent-accused to satisfy the claim of the petitioner.

2. Learned counsel appearing on behalf of the respondent-accused, in all fairness believes that the matter between the parties could still be amicably settled within spirit of the bail granting order but, the respondent-accused appears to be interested more in perpetuating the agony of the petitioner rather than showing sincerity and respect to the said order, which had been passed with the consent of the parties. No one can be allowed to make a mockery of the process of law and that of the courts. An order made by a court of law has to be complied with in letter and spirit and no excuse can be allowed to eclipse or overawe the efficaciousness of the said order. The attention of this court has been drawn to an order, passed by the Ex-Officio Justice of Peace, Lahore, on an application under section 22-A, 22-B Cr.P.C. Moved by the respondent-accused for registration of a case against the petitioner which also reflects on the preparedness of the respondent-accused to comply with the requirement of the above said order of this court.

3. By being nonchalant and having shown a little sincerity in complying with the aforesaid direction/order, the respondent-accused has disentitled himself to continuously harvest the fruit of the said order. No other option is left but to allow this petition and recall the above said bail granting order. The respondent-accused be taken into custody and sent to judicial lockup as an under-trial prisoner, so as to face the trial.

4. Before parting with this order, the -learned trial Court is directed to accelerate the proceedings of the trial and ensure its conclusion, under intimation to this court, within five months from today.

5. A copy of this order be transmitted to the learned trial Court for information and compliance.

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