Law: Criminal Procedure Code (V of 1898)

Section: 497,497(1)

Law: Pakistan Penal Code, 1860

Section: 34,489-F,506(2)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail, refusal of---Since parties had business dealings, defence plea as set up by accused needed to be considered after due trial of the case---Two other F.I.Rs., which had already been registered against the accused in respect of the similar nature of offence; and two other cheques, allegedly issued by accused to other persons, were also shown to have been dishonoured---Such circumstances showed that accused had been issuing the cheques to different persons, which were being bounced---Copy of the plaint of Insolvency petition produced by counsel for the complainant, had shown that there were 18 persons including the complainant, whom accused was liable to pay certain amounts---Said Insolvency petition was filed by accused before District Court one day prior to the date of cheque in question---Contention of accused that he never issued the cheque in question, was also not supported by Expert whose opinion/report, also had supported the version of the complaint---Conduct of accused had not been such to entitle him for a discretionary relief in a case which prima facie had connected him for dishonestly issuance of cheque of a huge amount---Accused being not entitled for concession of bail, his bail appli-cation was dismissed, in circumstances. 2009 SCMR 1210; 2011 SCMR 710; 2002 SCMR 1797; 2009 SCMR 1488; 2011 SCMR 1319; Muhammad Akram v. The State 2009 PCr.LJ 497; Kashif Khan v. The State 2009 PCr.LJ 1418; 2011 SCMR 161; Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488 and 2000 PCr.LJ 497 distinguished. Shameel Ahmed v. The State 2009 SCMR 174 rel. THIS ORDER PASSED BY: NISAR MUHAMMAD SHAIKH, J.--- Applicant Naveed Maqsood seeks post-arrest bail in Crime No.76 of 2011, registered at Police Station SITE Hyderabad, under section 489-F read with section 506(2)/34, P.P.C. His similar application was dismissed earlier by learned VIth Additional Sessions Judge Hyderabad, vide his order dated 22-9-2011. As per the F.I.R. lodged on 29-8-2011 by complainant Saleem Ahmed, he and the applicant were dealing with the business of selling and purchasing…

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