| Citation(s) |
|---|
| 2023 SLG 2371 2023 SLD 2371 2023 SCMR 1977 |
Supreme Court of Pakistan
Criminal Petition No. 717 of 2023, decided on 22nd August, 2023. (On appeal against the order dated 11.05.2023 passed by the Lahore High Court, Lahore in Criminal Misc. No. 27358-B of 2023)Date of hearing: 22nd August, 2023.
Present: Sayyed Mazahar Ali Akbar Naqvi and Jamal Khan Mandokhail, JJ
Syed Muhammad Saqlain Rizvi, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Mirza Abid Majeed, D.P.G. and Muhammad Asif, SI for the State.
Criminal Petition No. 717 of 2023, decided on 22nd August, 2023. (On appeal against the order dated 11.05.2023 passed by the Lahore High Court, Lahore in Criminal Misc. No. 27358-B of 2023)Date of hearing: 22nd August, 2023.
Present: Sayyed Mazahar Ali Akbar Naqvi and Jamal Khan Mandokhail, JJ
Syed Muhammad Saqlain Rizvi, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Mirza Abid Majeed, D.P.G. and Muhammad Asif, SI for the State.
ZAFAR NAWAZ---Petitioner
VERSUS
The STATE and another---Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Penal Code (XLV of 1860)
Section: 489-F
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 489-F---Constitution of Pakistan, Art. 185(3)---Dishonestly issuing a cheque---Bail, grant of--- Further inquiry---Admittedly, the petitioner (accused) was tenant of the complainant and prima facie any claim for recovery of rent falls within the domain of Rent Controller---In this view of the matter, the question whether the cheque was issued towards repayment of loan or fulfillment of an obligation within the meaning of section 489-F, P.P.C. is a question, which would be resolved by the Trial Court after recording of evidence---Petitioner is behind the bars for the last about six months---Maximum punishment provided under the statute for the offence under section 489-F, P.P.C. is three years and the same does not fall within the prohibitory clause of section 497, Cr.P.C.---All the material is in documentary shape; the investigation is complete and the petitioner is no more required for further investigation---Case of the petitioner squarely falls within the ambit of section 497(2), Cr.P.C. calling for further inquiry into his guilt---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---Constitution of Pakistan, Art. 185(3)---Bail---Offences not falling within the prohibitory clause of section 497, Cr.P.C.---Grant of bail in such offences was the rule and refusal thereof an exception. Tariq Bashir v. The State PLD 1995 SC 34 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Cases of similar nature registered against an accused---Mere registration of other criminal cases against an accused does not disentitle him for the grant of bail if on merits he has a prima facie case. Moundar and others v. The State PLD 1990 SC 934; Muhammad Rafiq v. State 1997 SCMR 412; Syeda Sumera Andaleeb v. The State 2021 SCMR 1227 and Nazir Ahmed alias Bhaga v. The State 2022 SCMR 1467 ref. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan,…
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