Case Details

Citation(s)
2016 SLG 1513 2016 SLD 1513 2016 PLJ 21

Crl. Misc. No. 2757-B of 2015, decided on 7.8.2015. Date of hearing: 7.8.2015.
CH. MUSHTAQ AHMAD, J.
Rana Muhammad Asif Saeed, Advocate with Petitioner. Mr. Hassan Mehmood Khan Tareen DPG for State. Rana Muhammad Arif Kamal Noon, Advocate for Complainant.

ASDULLAH RAFIQUE

VS

STATE and another--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail before arrest, confirmed--Repayment of amount--Cheque wasdishonoured due to lack of funds in accounts--Validity--Version as contained in FIR was found incorrect during investigation--Petitioner had already joined investigation and cheque was in possession of investigating agency--Question of whether provisions of Section 489-F, PPC are attracted in instant case, will be determined at trial alter recording evidence--At present stage, guilt of accused needs further probe and his case calls for further inquiry--Further offence alleged against accused does not fall within prohibitory clause. ORDER Petitioner Asdullah Rafique sought pre-arrest bail in case FIR No. 74 dated 03.03.2015, offence under Section 489-F, PPC, registered at Police Station City Kabirwala, District Khanewal. 2. Case was registered on the complaint of Haji Mukhtiar Hussain who reported that present petitioner had received an amount of Rs. 4,40,000/- as loan in presence of witnesses. For repayment of the amount, he issued a cheque which was presented before the bank authorities and the same was dishonoured on the ground of lack of funds in the account. 3. Heard. Perused.…
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