Case Details

Citation(s)
2021 SLG 1931 2021 SLD 1931 2021 PLJ 976
Lahore High Court
Crl. Misc. No. 1914-B of 2021, decided on 23.4.2021, Date of hearing: 23.4.2021.
SARDAR AHMAD NAEEM, JUSTICE.
Kh. Qaisar Butt, Advocate for Petitioner. Mr. Hassan Mahmood Khan Tareen, Deputy Prosecutor General for State. Mr. Sajjad Haider Maitla, Advocate for Complainant.

SYED MUHAMMAD MOABBAR

VS

STATE, ETC.

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail, grant of--No prohibitory clause--Occurrence was reported after three months--No recovery was affected during the investigation--Offence does not fall within the prohibitory clause of S. 497, Cr.P.C.--Bail allowed. ORDER Syed Muhammad Moabbar, petitioner seeks post-arrest bail in case registered vide F.I.R. No. 278/2020 dated 27.03.2020, under Section 489-F, P.P.C., at Police Station Bahau Din Zakriya, Multan. 2. Allegation against the petitioner is that of executing a bogus cheque in favour of the complainant, dishonoured after presentation. 3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the occurrence took place on 02.12.2019 but the incident was reported on 27.03.2020 with unexplained delay of more than three months. No plausible explanation is forthcoming on record for such delay. During the investigation, no recovery was effected from the petitioner as the original cheque coupled with cheque return memo were lying with the complainant. The offence under Section…
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