| Citation(s) |
|---|
| 2021 SLG 1776 2021 SLD 1776 2021 PCRLJ 914 |
Lahore High Court
Criminal Miscellaneous Application No. 6028-B of 2021, decided on 16th February, 2021.
SHEHRAM SARWAR CH., JUSTICE
Nadeem Shibli for Applicant. Rana Tasawar Ali Khan, DPG along with Ameer Nawaz, ASI with record for the State. Nemo for the Complainant.
Criminal Miscellaneous Application No. 6028-B of 2021, decided on 16th February, 2021.
SHEHRAM SARWAR CH., JUSTICE
Nadeem Shibli for Applicant. Rana Tasawar Ali Khan, DPG along with Ameer Nawaz, ASI with record for the State. Nemo for the Complainant.
ADNAN SHEHZAD
VS
THE STATE AND ANOTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 489-F
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Bail, grant of---Completion of investigation---Scope---Accused sought bail in an FIR registered under S. 489-F, P.P.C.---Accused was not required for the purposes of investigation---Offence under S. 489-F, P.P.C., did not fall within the prohibitory clause of S. 497, Cr.P.C.---Section 489-F, P.P.C. was not promulgated for using as a tool for recovery of the amounts due in business dealings for which civil remedy had already been provided---Trial of the case was not in sight---Petition for grant of post-arrest bail was allowed, in circumstances. Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488 and Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Where a case fell within non-prohibitory clause, the concession of granting bail must be favourably considered and should only be declined in exceptional cases. Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488 rel. ORDER SHEHRAM SARWAR CH., J.--- Adnan Shehzad, petitioner seeks post arrest bail in case FIR No.1905 dated 22.12.2020, offence under section 489-F, P.P.C., registered at Police Station Millat Town District Faisalabad. 2. Precise allegation against the petitioner, as per FIR, is that he issued a cheque amounting to Rs.50,00,000/- to the complainant, which was dishonoured on its presentation in the bank. 3. Heard. Record perused. 4. The petitioner was arrested on 22.12.2020 and since then,…
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