Law: Criminal Procedure Code (V of 1898)

Section: 497,498

Law: Pakistan Penal Code, 1860

Section: 420,489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 489-F & 420--Pre-arrest bail--Confirmation of--Cheque dishonoured--Lodging of FIR--Delay in FIR--Benefit of doubt--Further inquiry--Name of present applicant appears in FIR; however, dispute arose between parties is of civil nature, which itself needs evidence and; for such evidence matter is pending adjudication before competent Court of law--Held: Cases where generally prescribed punishment does not fall within prohibitory clause of Section 497 Cr.P.C then grant of bail is a rule while its denial is an exception--No doubt, that an accused can claim bail as of right in non-bailable offence but on other hand, bail can also be not withheld as punishment--Bail of an accused can only be refused when there is likelihood of absconsion, apprehension of tampering with prosecution evidence by accused, danger of repetition of offence if accused is enlarged on bail and where accused was a previous convict, hardened criminal, then bail may not be granted--In such circumstances, applicant has made out his case for grant of bail--Further held: It is settled principle of law that if there creates some doubts in case of any accused even at bail stage, benefit of which, is to be extended to an accused--Invocation of penal provisions would, therefore, remain on moot point, therefore, prima facie, ingredients 7 of Section 489-F PPC are missing in present case--Bail was confirmed. THIS ORDER PASSED BY: KHADIM HUSSAIN TUNIO, JUSTICE---.--- Applicant is present on interim pre-arrest bail granted to him by this Court, vide order dated 11.03.2019, in Crime No.09 of 2019 of P.S Gharibabad District Mirpurkhas, under Sections 489-F & 420, PPC. Today, this bail application is fixed for confirmation of his interim pre-arrest bail or otherwise. 2. Briefly, the facts of the prosecution case are that, complainant lodged F.I.R stating therein that he was Marketing. Manager and General Manager of Thar Production, whereas applicant Syed Hassan Ali Shah was proprietor and they were dealing with the business of Audio and Video Cassettes. On 01.06.2015 till 30.03.2014, the applicant did not…

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