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---Female accused---Maintaining joint account with the main accused---Admittedly the accused lady was maintaining a joint account with her husband, who was fugitive from law---Accused was taken into custody by the police and she was behind bars for the last 11 months without commencement of trial---Maximum punishment provided under the statute for the offence was 3 years---Record further showed that the signature over the cheque mismatched with the specimen signature, which was ultimately dishonored---Even otherwise, the accused was a woman and had three children to look after including a 5 year old child---Offence alleged did not fall within the prohibitory clause of S. 497, Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant of---Scope---Registration of other cases similar to the one alleged---Effect---Mere registration of (other similar) criminal cases did not deprive a person from grant of bail, if he/she was otherwise entitled for the same relief. Muhammad Rafiq v. State 1997 SCMR 412 and Moundar v. The State PLD 1990 SC 934 ref. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks post-arrest bail in case registered vide FIR No. 266 dated 19.02.2020 under section 489-F, P.P.C. at Police Station Sattokatla, Lahore. The same relief was denied to her by the learned Trial Court as also by the High Court vide impugned order. 2. As per contents of the crime report, the petitioner and her husband took loan of rupees twenty million from the complainant in the presence of witnesses and towards the discharge of the liability, they gave the complainant a cheque amounting to Rs.50,00,000/-, which belonged to an account which was being jointly maintained by the petitioner and her husband. When the complainant did not get back the amount lent, he deposited the cheque in his account but the same…

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