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---Dishonour of cheque---Bail, grant of---Further inquiry---Allegation against the accused-petitioner was that he had issued cheque of Rs. 20,00,000/- to the complainant which was dishonoured when presented to the Bank concerned---Allegedly, there was business dealings between the parties and the accused-petitioner had taken Rs. 20,00,000/- from the complainant as loan and had issued the cheque for re-payment of the said amount---Business dealings between the parties were admitted---Offence with which the accused was charged did not fall within the prohibition contained in S. 497(1), Cr.P.C. as the maximum punishment for the offence under S. 489-F, P.P.C. was three years or fine or both and in such like cases, grant of bail was rule, while refusal the exception---No exceptional circumstances existed in the present case to refuse bail to the accused---Accused was behind the bars for the last more than four months---Investigation had been completed and accused was no more required for the purpose of investigation---No useful purpose would be served, if accused was kept in jail---Bail petition was allowed in the circumstances. Muhammad Akbar v. The State 2005 PCr.LJ 677; Muhammad Sarfaraz v. The State 2004 SCMR 1032; Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708 and Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, refusal of---Principles---Case not falling under prohibition of S. 497(1), Cr.P.C.---Bail in such case could only be declined in exceptional cases, i.e. where there was likelihood of abscondence of the accused; where there was apprehension of tampering with the prosecution evidence; where there was danger of the offence being repeated, if the accused was released on bail and where accused was a previous convict. Subhan Khan v. The State 2002 SCMR 1797 rel. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- Through the instant Criminal Miscellaneous Bail Petition No.248-D of 2017, petitioner Ghulam Rabbani has sought post arrest bail in case FIR No.364 dated 17.4.2017, under…

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