Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedue Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Post arrest bail--Civil suit--Partial payment--Grant of--Investigation in the subject case has already been completed and the petitioner is no more required for further probe while offence entails punishment up to three years, which does not fall within the ambit of prohibitory clause of section 497 Cr.P.C.--Offence under section 489-F PPC is three years which does not fall within the prohibitory limb of Section 497 Cr.P.C; person of the petitioner was not required for further investigation has already paid some amount besides transfer of landed property in the name of the complainant who has already filed suit under Order XXXVII C.P.C for the recovery of certain amounts--Transfer of some land and part payment pursuant to the agreement has already been made, therefore, brings the case of the petitioner within the ambit of further inquiry--Bail was allowed. 2020 SCMR 1268, 2020 P.Cr.LJ 268; 2019 P.Cr.LJUSTICE. 295; 2011 SCMR 1708; 2020 PCr.L.J 392; PLD 1972 SC 81; 2015 P.Cr.L.J 129 ref. ORDER This is post-arrest bail petition by accused- petitioner (Faisal Shahzad) in F.I.R. No. 333 dated 13.09.2018, under Section 489-F P.P.C. Police Station Aabpara, Islamabad. 2. According to the allegations, set-forth in the F.I.R, petitioner and his father Sabir Hussain (co- accused) sold landed property to the complainant but could not transfer the same in his name and in order to repay the amount received, issued cheque worth Rs. 12,500,000/-, which on presentation, stood dishonoured by the concerned bank. 3 Learned counsel for the petitioner argued that under the agreement land measuring 82-Kanal has already been transferred in the name of the complainant while payment to the tune of Rs. 6,000,000/- has also been made; that it was a guarantee cheque; that petitioner is behind the bars for the last three months; that the complainant has already filed suit under Order XXXVII C.P.C for the recovery of amount; that offence does not fall within the ambit of prohibitory clause of section 497 Cr.P.C, and petitioner is no more required for further investigation, therefore, entitled…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492