Law: Criminal Procedure Code (V of 1898)

Section: 497(5),561-A,345

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497(5), 561-A 345--Pakistan Penal Code, (XLV of 1860), S. 489-F--Post-arrest bail was granted on basis of compromise--Dishonest cheque--Compoundable offence--Alleged offence is compoundable in terms of Section 345, Cr.P.C--Provision of Section 345, Cr.P.C. viz-a-viz compounding of offences is bifurcated into two categories i.e. with or without permission of Court--Voluntary issuance of a cheque for, repayment of loan or fulfilment of financial obligation, in-fact amounts to giving of an undertaking by person that on its presentation, cheque shall be honoured/ encashed--Dishonest intention of person, issuing a cheque, becomes evident, moment through its endorsement in writing, bank refuses to honour it and simultaneously commission of offence under Section 489-F, PPC also takes place--Dishonouring of a cheque, also amounts to breach of commitment/undertaking by accused which he makes with payee--After registration of a criminal case under Section 489-F, PPC, against him, accused if enters into a compromise with person in whose favour, he had issued a cheque, concession of bail, can be granted to him on affirmative nod of complainant because offence is compoundable inter-se parties, without permission of Court--After entering into a compromise with complainant for making payment of amount either mentioned in cheque or settled between parties through compromise, accused once again makes a commitment and if it is again dishonoured, it would amount to a dishonest act in continuation of his earlier breach of commitment, thus rendering him disentitled to further enjoyment and reaping fruit of his misdeed, he earned, by way of compromise--Held: Grant of bail in non-bailable offences is a concession/grace and cannot be claimed as of a right by accused-- Conduct of accused is always considered important and relevant--Considering compoundability of offence under Section 489-F and genuineness of compromise between parties, trial Judge, no legal obligation to assess incriminating material available on record to conclude that whether accused had made out his case of his release on bail within ambit of further inquiry,…

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