Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 379--Bail, grant of--Allegation of--Stolen the cheque--Not recovered from the petitioner but had been recovered from the co-accused found guilty in investigation--Unexplained delay in FIR--Complainant becomes doubtful, benefit goes to him--False and malafide involvement of petitioner also cannot be ruled out--Bail was accepted. THIS ORDER PASSED BY: IQBAL HAMEED-UR-REHMAN, JUSTICE---.--- The petitioner seeks confirmation of pre-arrest bail granted to him vide order dated 10.8.2010 in F.I.R. No. 402 dated 2.7.2010 under Sections 379 P.P.C. registered at Police Station Saddar Bhakkar. 2. Briefly according to the F.I.R. the allegation against the petitioner is that he along with co-accused committed theft of chequeetc. 3. Learned counsel for the petitioner submitted that the occurrence is of 10.6.2010 while the FIR has been registered with an unexplained delay of more than 22 days on 2.7.2010. It is further submitted that the prosecution as narrated in the FIR is totally false and concocted one; that the co-accused Nazakat Ali had business dealings with the complainant and on account of the supply of 450 bags of wheat and 105 bags of Channa the instant case has been got registered with mala fide intention on the part of the complainant. It is also contended that the cheque in dispute had been issued on 11.6.2010 and it was issued in the name of the co-accused Nazakat Ali, the same was presented on 25.6.2010 for payment and it was dishonoured on 29.6.2010; that the offence with which the petitioner has been charged, does not fall within the prohibitory clause. It is further stated that the co-accused NazakatAli had also filed a petition under Sections 22-A, 22-B, Cr.P.C. before the Ex-Officio Justice of Peace/learned Addl. Sessions Judge for registration of a…

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