Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Criminal Procedure Code (V of 1898)

Section: 497

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 489-F--The word “or” is normally disjunctive and “and” is normally conjunctive but at times they are read as vice versa to give effect to manifest intention of Legislature as disclosed from context--The aforesaid three types of punishments provided under Section 489-F, PPC are in alternative to each other as expression “or” has been used therein--The insertion of word “or” by legislature in Section 489-F, PPC, reflects its intention that a sentence of imprisonment is not mandatory, and it has been left to discretion of Court, as only a sentence of fine can also be imposed--The use of word “or” clearly reflects that a disjunctive punishment of fine has also been provided in Section ibid--The use of word “or” signifies a disjunctive sense and it cannot be read as “and”, unless of course, context provides so--The word “Or” in, PPC, while detailing punishments, should be taken as “disjunctive” corresponding to word “either” and legally cannot be taken as interchangeable to word “and”--The use of word “OR” legally speaks about choosing one out of two or more options which (act of choosing) shall be “legal”.    [P. 231] A PLD 2019 Sindh 585 PLD 2019 SC 201. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail after arrest, grant of--Allegation of--Dishonoured of cheque--The maximum punishment of offence provided under Section 489-F, PPC is not more than imprisonment for three years or fine or both, as such, same is not covered by prohibition contained in sub-section (1) of Section 497, Cr.P.C.--In non-bailable offences falling in second category i.e. punishable with imprisonment for less than ten years, grant of bail is a rule and refusal an exception--No exceptional circumstances could be pointed out by prosecutor as well as counsel for complainant, as enumerated in Tariq Bashir supra--The petitioner is behind bars since date of his arrest and his person is no more required to investigating agency for purpose of further investigation--He is a previous non-convict having no criminal antecedents--No useful purpose would be served by keeping petitioner…

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