Case Details

Citation(s)
2012 SLG 2442 2012 SLD 2442 2012 YLR 1792
Lahore High Court
Criminal Miscellaneous No. 5131-B of 2012, decided on 26th April, 2012
ABDUL SAMI KHAN, J
Ch. Shahid Iqbal Dillon for Petitioner. Mirza Abid Majeed, Deputy Prosecutor-General for the State with Amjad Ali, S.I. with record. Nemo for the Complainant

NADEEM ANJUM

VS

THE STATE and another

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.489-F/420/468/471---Dishonestly issuing a cheque, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document---Bail, grant of---Further inquiry---Contentions of the accused were that there was a delay of one month in the registration of the F.I.R.; that disputed cheque belonged to a lady and the account was also in the name of the said lady, therefore, accused had no concern with the cheque; that report of handwriting expert had not been obtained, and that the accused was a previous non-convict---Validity---Delay of one month in the registration of the F.I.R.---Disputed cheque and account belonged to a lady who had been declared innocent during the investigation of the case---Report of handwriting expert was not available which could establish that the cheque was filled and signed by the accused---Sections 489-F & 468, P.P.C did not fall within the prohibitory clause of S. 497, Cr.P.C, while Ss. 420 & 471, P.P.C, were bailable offences---Case against the accused called for further inquiry into his guilt within the purview of S.497(2), Cr.P.C---Bail petition of accused was allowed and he was admitted to bail. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 and Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Cases not falling within the prohibitory clause of S. 497, Cr.P.C---Scope---Grant of bail in such cases was a rule and refusal an exception. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 and Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708 rel. ORDER ABDUL SAMI KHAN, J.---Through this petition under section 497, Cr.P.C. Nadeem Anjum petitioner has sought bail after arrest in case F.I.R. No. 840/11, dated 14-11-2011 registered at Police Station City Kamoki, District Gujranwala in respect of an offence under section, 489-F, P.P.C. During the investigation of this case sections 420/468/ 471, P.P.C. were added to the F.I.R. 2. It is contended by the learned counsel for the petitioner that…
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