Law: Criminal Procedure Code (V of 1898)

Section: 497(1),497(5)

Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Criminal Procedure Code (V of 1898)--.-- --.---S. 497(5)--.--Constitution of Pakistan, Art. 185(3)--.--Penal Code (XLV of 1860), S. 489-F--.--Dishonestly issuing a cheque--.--Petition for cancellation of bail, dismissal of--.--Case had been instituted by the complainant after about three years, two months and fourteen days of the alleged transaction between the parties leading to dishonouring of the relevant cheque--.--Such delay had never been properly explained by the complainant--.--Alleged offence under S. 489-F, P.P.C. did not attract the prohibitory clause contained in subsection (1) of S. 497, Cr.P.C.--.--Accused had been admitted to post-arrest bail by the High Court after he had already spent about three months in jail and his continued custody in jail was not likely to serve any beneficial purpose--.--Suit for recovery of the relevant amount filed by the complainant against the accused was already pending before a civil court--.--Investigation of the case had already been finalized and a challan had been submitted--.--No allegation had been levelled against the accused regarding any misuse or abuse of the concession of bail--.--Petition seeking cancellation of bail awarded to accused was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--.-- --.---S. 497(5)--.--Constitution of Pakistan, Art. 185(3)--.--Bail, cancellation of--.--Scope--.--Where investigation of the case had already been finalized and a challan had been submitted against the accused, the Supreme Court was generally slow in canceling bail at such stage. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- An application had been received by the office of this Court yesterday from the learned counsel for the petitioner seeking an adjournment as the learned counsel for the petitioner had "gone to attend marriages of his nephew and niece at District Muzaffargarh". The office of this Court had informed the learned Advocate-on-Record for the petitioner yesterday that the hearing of this petition shall not be adjourned on the above mentioned ground and that the learned Advocate-on-Record ought to appear before this Court today so as to address arguments on behalf of…

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