Case Details

Citation(s)
2020 SLG 2225 2020 SLD 2225 2020 PLJ 852
Lahore High Court
Crl. Misc. No. 72818 of 2019, decision & hearing Date : 16.3.2020
SARDAR AHMED NAEEM, JUSTICE
Mr. Irfan Hayat Bajwa, Advocate with Petitioner. Mr. Muhammad Irfan Zia, Deputy Prosecutor General for State. Mr. Ashtar Ausaf Ali, Advocate for Complainant.

AAMIR MATEEN

VS

STATE, ETC.

Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail before arrest, confirmed--Dishonoured of cheque--Specific role of executing a cheque--Nominated in FIR--Held: Accused could not establish that his intended arrest was tainted with mala fide--I.O. confirmed involvement of accused--Accused had failed to make out a case for confirmation of ad-interim bail--Bail was dismissed. ORDER Aamir Mateen, petitioner seeks pre-arrest bail in case registered vide F.I.R. No. 630/2019 dated 18.06.2019, under Section 489-F, P.P.C at Police Station Iqbal Town Lahore. 2. Allegedly, the petitioner issued a bogus cheque in favour of the complainant, dishonoured after the presentation. 3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the incident was reported with reasonable promptitude. The petitioner is nominated in the crime report with specific role of executing a cheque in favour of the complainant, allegedly, dishonoured after its presentation. The version of the complainant is supported by the disputed cheque as well as cheque return memo. The statement of PWs recorded under Section 161, Cr.P.C. also strengthened the prosecution story. Deeper appreciation of evidence cannot be undertaken at this stage and the Court only has to sift the material in a tentative manner. Even otherwise,…
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