Law: Criminal Procedure Code (V of 1898)

Section: 497(1)(2)

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail, grant of-Two cheques issued by the accused to complainant had been dis honoured by the Bank on presentation---Accused had brought a suit for rendition of accounts and permanent injunction against the complainant lady and the Bank, much prior to the registration of the present case, in respect of the transaction in question between the complainant and the accused's company---Said suit was pending and any verdict regarding the transaction and the cheques in question was to be given by Civil Court in due course of time---Till then, case against the accused definitely required further inquiry into his guilt, as envisaged under S.497(2), Cr. P. C. ---Offence against accused did not attract the prohibitory clause of S.497(1), Cr.P.C., where grant of bail was a rule and refusal an exception---No exceptional circumstance was available to refuse bail to accused---Accused was behind the bars for the last one month and seven days and was not a previous convict---Bail was allowed to accused in circumstances. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, J.--- Petitioner Usman Tahir through the instant petition has prayed for post-arrest bail in case F.I.R. No. 538 registered under section 489-F, P.P.C. with Police Station Naulakha, Lahore on 12-8-2010. 2. Briefly the prosecution case as per the F.I.R. is that complainant Uzma Babar was working as distributor in the company of the petitioner. She purchased cosmetic items worth Rs.5,00,000 from them. She after few days returned those items to them. He instead of returning the amount to her, gave her two cheques of that amount drawn on the Bank Al-Habib Ltd, Chaklala Branch, Rawalpindi. The same on presentation were dishonoured for want of funds. 3. After hearing the learned counsel for the parties and perusing the record, I find that the petitioner has brought the suit for rendition of accounts and permanent injunction against the complainant lady and the aforesaid bank on 27-3-2010. It, thus, was much prior to the registration of the instant…

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