Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 489-F

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque--- Bail, refusal of--- Non-bailable offence--- Habitual offender---Accused causing delay in conclusion of trial---Effect---Accused allegedly issued three cheques to the complainant, which were dishonoured on presentation---Section 489-F, P.P.C. was a non-bailable offence and grant of bail in such like offences was not right of an accused but a concession---Accused was already involved in three different cases similar to the present one---Counsel for accused was also delaying conclusion of trial by not appearing to cross-examine prosecution witnesses---Accused was not entitled to concession of bail in such circumstances---Bail petition was accused was dismissed accordingly. Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708 and Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488 ref. Shameel Ahmed v. The State 2009 SCMR 174 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Non-bailable offence---Bail---Scope---For non-bailable offences grant of bail was not right of an accused but a concession. Shameel Ahmed v. The State 2009 SCMR 174 rel. ORDER SAGHEER AHMAD QADRI, J.---Petitioner Sardar Bahadar Mughal has moved this petition for grant of post-arrest bail in case F.I.R. No. 98 of 2012 dated 31-1-2012 registered under section 489-F, P.P.C. at Police Station Defence-A, District Lahore for the alleged issuance of three cheques valuing Rs.23,30,000, which when presented were dishonoured. 2. Learned counsel for the petitioner contends that allegations against the petitioner are false, he has not committed any offence; that there is delay of 1-1/2 months in lodging the F.I.R., which is unexplained; that no time and date of alleged payment to the petitioner by the complainant is shown; that complainant's version that petitioner contacted her through a relative but detail of that person or name has not been given; that petitioner is detained in the lock up since 4-2-2012; that actually investigation has been completed, he is no more required by the police for further investigation purposes; that trial so far has not…

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