Case Details

Citation(s)
2021 SLG 1384 2021 SLD 1384 2021 SCMR 822
Supreme Court of Pakistan
Criminal Petition No. 304-L of 2021, decided on 30th March, 2021, Date of hearing: 30th March, 2021. (Against the order Dated 18.02.2021 passed by Lahore High Court, Lahore in Criminal Miscellaneous No. 361-B of 2021)
MANZOOR AHMAD MALIK, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE, AMIN-UD-DIN KHAN, JUSTICE
Malik Matee Ullah, Advocate Supreme Court for Petitioner. Muhammad Amjad Rafiq, Additional P.G. along with Ihsan, SI for the State. Rashid Javaid Lodhi, Advocate Supreme Court for
Respondent No.2.

SHEIKH ABDUL RAHEEM

VS

THE STATE AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Bail, grant of---Offence alleged against the accused fell outside the prohibitory clause of S. 497, Cr.P.C., maximum punishment whereof was three years---Accused had been arrested in the present case, more than six months ago---Furthermore in three other cases (of similar nature) accused had been allowed bail---Petition for leave to appeal was converted into an appeal and allowed, and accused was granted bail with the observation that if the concession of bail was misused by the accused or any delay in the conclusion of trial was caused by him or anyone else acting on his behalf, the Trial Court shall be competent to recall the bail granted to him, after hearing the parties, strictly in accordance with law. ORDER MANZOOR AHMAD MALIK, J. has called in question the order dated 18.02.2021 whereby bail was refused to him by the learned Lahore High Court, Lahore in case FIR No.74 dated 09.02.2017, offence under section 489-F, P.P.C., registered at Police Station Old Anarkali, Lahore. 2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that offence alleged against the petitioner falls outside the prohibitory clause of section 497, Code of Criminal Procedure, maximum punishment whereof is three years. Learned Additional Prosecutor General has confirmed under instructions that petitioner was arrested in this case on 22.09.2020. So far involvement of…
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