Case Details

Citation(s)
2015 SLG 2723 2015 SLD 2723 2015 PLJ 46
Lahore High Court
Crl. Misc. No. 3660-B of 2014, decided on 7.4.2014.
ABDUS SATTAR ASGHAR, J.

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Mst. KIRAN NAWAZ

VS

STATE and another--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Pre-arrest bail, grant of--Confirmed--Dishonoured of cheque--In year 2011 parties had good family relations and that at one stage they wanted to marry but later on differences cropped up between them when petitioner came to know that her cheque book was lost and informed concerned bank for stop payment of cheques--Petitioner had also lodged case FIR in offence u/S. 452, 427, PPC read with Section 28 of Telegraph Act against complainant--There was nothing on record to show that parties had ever resolved dispute through Panchayat despite complainant's statements before Courts below to fix any financial obligation of petitioner--Dishonest intention in issuing a cheque is sine qua non to attract offence u/S. 489-F Pakistan Penal Code 1860 which was yet to be established during course of evidence--No recovery was pending against petitioner--Offence u/S. 489-F, PPC does not fall within prohibitory clause of Section 497, Cr.P.C.--Held: Object of pre-arrest bail is to protect a person from harassment, humiliation and incarceration on basis of false implication--Bail before arrest was confirmed. [P. 48] A Order As per certificate this is petitioner's first pre-arrest bail before this Court in this case. 2. Mst.Kiran Nawaz petitioner/accused in case FIR No. 883/2013 dated 22.12.2013 under Section 489-F, PPC Police Station Township Lahore seeks pre-arrest bail through this petition. 3. As per FIR lodged on 02.12.2013 by Ch.Amir Latif complainant it is alleged that he had good relations with the petitioner and her family; that petitioner borrowed a huge amount from him; that thereafter petitioner issued a Cheque No. 7700288 dated 25.10.2013 amounting Rs. 18,00,000/- in favour of the petitioner which was bounced. 4. Arguments heard. Record perused. 5. Perusal of record transpires that prior to registration of this case two criminal cases were registered by the complainant against the petitioner as under:-- (i) Case FIR No. 705/2011 dated 29.8.2011 under Section 489-F, PPC Police Station Township Lahore pertaining to Cheque No. 025716 dated 01.8.2011 worth Rs.6,00,000/-to be…
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