Case Details

Citation(s)
2013 SLG 2868 2013 SLD 2868 2013 YLR 2428
Sindh High Court
Criminal Bail Application No. S.-611 and M.A. No. 5549 of 2012, decided on 29th May, 2013
AFTAB AHMED GORAR, J
Jamil Ahmed Virk and Aamir Jamil Virk for Applicant. Muhammad Akbar Khan for the Complainant. Zahoor Shah, A.P.G. for the State

AMIN IQBAL

VS

The STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Ad interim pre-arrest bail---Application for confirmation of---Three cheques of different dates were issued by accused in favour of the complainant, which were dishonoured on its presentation by his Banker---Accused had not denied the issuance of bogus cheques---Accused seemed to be in the habit of issuing bogus cheques, which on presentation remained dishonoured---Accused had failed to establish on record, the mala fide on the part of prosecution---Sufficient material being available on the record to connect accused with the alleged offence, accused did not deserve for the confirmation of ad interim pre-arrest bail earlier granted to him. 2007 YLR 1495; 2009 YLR 2178; 2005 PCr.LJ 1173(sic) and 2009 SCMR 1488 distinguished. 2013 SCMR 51; 2009 SCMR 174; 2008 YLR 947; 2011 MLD 621; Sohail Ahmed Babar v. The State 2008 SCMR 966; 2010 SCMR 806 and Riaz Ahmed v. The State 2009 SCMR 725 ref. ORDER AFTAB AHMED GORAR, J.---Applicant Amin Iqbal Son of Shaikh Iqbal Hussain, earlier has been granted concession of ad interim pre-arrest bail by this court vide order dated 13-6-2012; hence it ripe up for confirmation or otherwise. Applicant is being booked in Crime No.228 of 2010, falling under section 489-F, P.P.C., registered at Police Station, Risala, Karachi. 2. Precisely, the prosecution story as is envisaged in the F.I.R. is as follows:-- "Complainant Mst. Nasreen alias Kooki Rawat daughter of Manzoor Rawat resident of C-64, Darkhshan Villa's, Phase-VI, DHA Karachi; recorded her complaint at Police Station Risala, Karachi stating therein that complainant resides on the above-mentioned address; due to business relations; complainant gave amount to Amin Iqbal and Amin Iqbal promised for return of amount within six months; after expiry of six months period, accused asked her that he is very disturbed and slowly he would pay the amount and after that on 20-5-2010 Amin Iqbal came at the office/in her Chamber which opposed City Court and issued six Cheques of Rupees six Lac twenty five thousand of different dates and three Cheques (1) 3765870 dated 25-5-2010…
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