Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Pre-arrest bail, refusal of---Cheques issued by the accused to the complainants had been dishonoured by the Banks on presentation due to insufficient funds and not for any other reason---Contention of accused that he had informed the Manager of the Bank about the theft of his cheque books would be determined by Trial Court after recording his evidence---Accused had failed to show any mala fides on the part of the complainants and the investigating agency for his false implication in the cases---Offence not falling within the prohibitory clause of S. 497(1), Cr.P.C. would not justify grant of extraordinary relief of pre-arrest bail to accused---Deeper appreciation of material on record could not be done at such stage---Filing of civil suit and F. I. Rs. by the accused against his partness or associates in the business by itself, could not be a ground for grant of bail to him---Prima facie accused could not show that he had not issued the cheques dishonestly---Illness of accused was not shown to be such as to be seriously determined to his health in case of his arrest or detention in jail---Pre-arrest bail was declined to accused in circumstances. Ghulam Kadir v. The State 2007 YLR 1495; Ali Murtaza v. The State 2005 PCr.LJ 1773; Talib Hussain v. The State 2007 PCr.LJ 1064; Major Anwar-ul-Haq v. The State PLD 2005 Lah. 607; Messrs W.A.K. Limited through Manager. Finance v. Province of Punjab 2009 MLD 512; Haji Ahmed v. The State and another 2008 MLD 1030; Muhammad Javed v. The State 2007 YLR 309; Pervaiz John alias Pervaiz Masih v. The State and others 2010 PCr.LJ 1321; Muhammad Afzal Javed v. -Muhammad Akram and another 2009 PCr.LJ 1302; Muhammad Tariq Javed v. The State 2008 YLR 947 and Shameel Ahmed v. The State 2009 SCMR 174 ref. ORDER TUFAIL H. EBRAHIM, JUSTICE:---.--- By this single order I intend to dispose of the above three criminal bail applications filed by single applicant/accused, having similar facts and circumstances. Brief facts for disposal of Criminal Bail Application No. 855 of 2010, arising out of F.I.R. No. 440 of 2010, are…

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