Case Details

Citation(s)
2017 SLG 211 2017 SLD 211 2017 PLJ 69
Lahore High Court
Crl. Misc. No. 4316-B of 2016, decided on 7.9.2016. heard on: 7.9.2016.
SHEHRAM SARWAR, CH., JUSTICE
Prince Rehan Iftikhar Sheikh, Advocate for Petitioner. Mr. Sarfraz Khan Khichi, DDPP for State. Mr. Waqar Elahi, Advocate for Complainant.

RASHID HUSSAIN

VS

STATE AND Another

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)---- --------S. 497----Pakistan Penal Code, (XLV of 1860), S. 489-F----Bail, grant of----Dishonoured of cheque----Accused was arrested and he was behind bars----Maximum sentence for offence alleged against petitioner is three years----He was no more required for purposes of investigation by prosecution----Petitioner was not involved in any other case of such like nature----Offence under Section 489-F, PPC does not fall within prohibitory clause of Section 497, Cr.P.C.----Where a case falls within non-prohibitory clause, concession of granting bail must be favourably considered and should only be declined in exceptional cases----Petition was allowed. 2009 SCMR 1488, ref. THIS ORDER PASSED BY: SHEHRAM SARWAR, CH., JUSTICE:---.--- Rashid Hussain, petitioner seeks post arrest bail in case FIR No. 375 dated 05.09.2013, offence under Section 489-F, PPC, registered at Police Station Kot Mithan District Rajanpur. 2. Precise allegation against the petitioner as per FIR is that he issued a cheque amounting to Rs. 35,00,000/- rupees thirty five lakh only) to the complainant which was dishonoured on its presentation. 3. Heard. Record perused. 4. The petitioner was arrested on…
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