Law: Criminal Procedure Code (V of 1898)

Section: 497,497(i)

Law: Pakistan Penal Code, 1860

Section: 489-F

Delay in FIR-- ----Principle--It is also settled principle of law that delay in lodging of FIR might be fatal for the prosecution case and also creates doubt about the alleged complicity of the petitioner in the commission of offence and benefit of doubt even at bail stage must go in favour of the accused. 2012 PCr.LJ 1293, ref. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail, grant of--Further inquiry--Dishonoured of cheque--Cheque in question was issued for repayment of any loan or fulfillment of any financial obligation, which is sine qua non to attract the provisions of Section 489-F, PPC, rather there exists business relationship between the parties, alleged complicity of the petitioner in the commission of alleged offence is necessarily a matter of further inquiry in terms of Section 497, Cr.P.C.--Co-accused of the petitioner have been declared innocent during the investigation--Investigation is completed and petitioner is behind the bars since his arrest--He is no more required to the police for further investigation--During investigation, no recovery has been effected from him--Further incarceration of the petitioner would not serve any useful purpose--Bail was allowed. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 489-F--Criminal Procedure Code, (V of 1898), S. 497(i)--Dishonoured of cheque--Bail--Offence under Section 489-F, PPC does not fall within prohibitory clause of Section 497, Cr.P.C. and where the offence against the petitioner does not fall within prohibitory clause of Section 497(1), Cr.P.C. the grant of bail is a rule and refusal is an exception. 2011 SCMR 1708, ref. Culpability of Petitioner-- ----Question of--In the peculiar circumstances of case, question of culpability of the petitioner can validly be determined by the trial Court after recording of some evidence--It is settled by the Hon'ble Supreme Court of Pakistan. 2016 SCMR 18, ref. THIS ORDER PASSED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE---.--- Crl. Misc. No. 1396-M of 2017 This petition under Section 561-A, Cr.P.C. for placing certain document on record is allowed subject to all just and legal exceptions. Main Case…

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