Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Pre-arrest bail, grant of--Allegation of--Dishonoured of--Cheque--There is a substantial delay In lodging of F.I.R. which at moment remains unexplained--Further, cheques allegedly issued are dated in years which too were presented at bank counters for encashment after a substantially long time--Once again, no cogent explanation has been provided--Nexus of applicant with transaction is yet to be proved--Complainant has been unable to produce agreement that parties entered into for purchase of property--A settlement agreement may have been entered into between parties however circumstances in which same was entered into and how that process unfolded still requires to be proved--No suit for recovery of money has been filed by complainant and upon a tentative assessment it appears that criminal law may have been put Into motion as an arm twisting tactic, Keeping prima facie animosity between parties in mind, malafide cannot be conclusively ruled out at this preliminary stage--An offence under Section 489-F, P.P.C. though not bailable carries a potential sentence of 3 years and hence falls within non-prohibitory clause of Section 497, Cr.P.C--There are no exceptional or extraordinary grounds to decline bail on that account--Bail was allowed. ORDER Muhammad Saleem has sought pre-arrest bail in crime number 798 of 2020 registered under Section 489-F, P.P.C. at the Kharadar police station in Karachi. Earlier, his application seeking bail was dismissed by the learned 6th Additional District and Sessions Judge, Karachi South. 2. Background to the case is that Muhammad Shoaib Qureshi lodged the aforementioned FIR on 30-9-2020 reporting an offence that had occurred on 15.11.2018. Qureshi recorded that he drove a taxi and that 6 years ago he had entered into a transaction with the applicant’s brother Nasir. The transaction did not go through so Qureshi demanded his…

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