Case Details

Citation(s)
2015 SLG 1261 2015 SLD 1261 2015 PLJ 1087
Supreme Court of Pakistan
Crl. P. No. 175 of 2015, decision & hearing Dated: 29.04.2015. (Against the order Dated 23.02.2015 passed by the Peshawar High Court, Peshawar in Criminal Miscellaneous No. 180-P of 2015)
ASIF SAEED KHAN KHOSA, JUSTICE, SARMAD, JALAL OSMANY, JUSTICE, QAZI FAEZ ISA, JUSTICE
Mr. Tahir Nasrullah Warriach, ASC for Petitioner. Mr. Muhammad Aslam Ghumman, ASC for State.

MOHSIN MUSTAFA

VS

STATE, ETC.

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail, accepted--Further probe--Applicability of provisions of Sectioon 489-F, PPC--Obligation of--Question of huge amount--Validity--According to FIR itself had not obtained any loan from complainant nor there was any personal obligation of petitioner to be discharged towards the complainant by issuance of a cheque in his favour and, thus, in the peculiar circumstances of the case the question as to whether the provisions of Section 489-F, PPC stand attracted to instant case against accused or not is a question which calls for further probe at that stage--While refusing bail to petitioner Judge-in-Chamber of High Court had not attended to legal question vis-a-vis applicability or otherwise of provisions of Section 489-F, PPC--One of considerations weighing with High Court for refusing bail to was that the criminal case in hand involved a "huge amount"--Involvement of a huge amount of money in a criminal case is to have no bearing upon the fate of an application for bail which is to be decided on basis of its own merits and not on basis of the amount involved. THIS ORDER PASSED BY: Asif Saeed Khan Khosa, J.- Criminal Miscellaneous Application No. 407 of 2015 This miscellaneous application is allowed and the documents appended with the same are permitted to be brought on the record of the main petition. Disposed of. Criminal Petition No. 175 of 2013 2. Through this petition Mohsin Mustafa petitioner has sought leave to appeal against the order dated 23.02.2015 passed by a learned Judge-in-Chamber of the Peshawar High Court, Peshawar in Criminal Miscellaneous No. 180-P of 2015 whereby post-arrest bail was refused to him in case FIR No. 222 registered at Police Station Gharbi Peshawar on 26.05.2014 in respect of an offence under Section 489-F, PPC. 3. After hearing the learned counsel for the parties and going through the record of the case we have straightaway observed that according to the FIR itself the petitioner had not obtained any loan from the complainant nor there was any personal obligation ofโ€ฆ
๐Ÿ”’
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492