Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 489-F

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Bail, grant of---Further inquiry---Contentions of the accused were that he had been falsely involved in the case by the complainant after joining hands with the police; that another similar F.I.R. was registered against the accused on the statement of the complainant's brother and accused was allowed bail in the said F.I.R.; that investigating officer of the case found the facts contained in the F.I.R. to be doubtful; that civil litigation for rendition of accounts was pending between the parties; that disputed cheque was stolen from the office of the accused for which an F.I.R. had been registered against a partner of the complainant, and that offence with which accused was charged did not fall within the prohibitory clause of S.497, Cr.P.C.---Validity---Civil suit for rendition of accounts had been filed by the accused against the partners of the complainant, in which disputed cheque in question was the subject matter---Investigation officer found the contents of the F.I.R. to be doubtful---Accused was a previous non-convict and he was no longer required by the police for further investigation---Offence with which accused was charged did not fall within the prohibitory clause of S.497, Cr.P.C.---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. 2009 PCr.LJ 1221; 2009 SCMR 1488; 2009 SCMR 174 and 2009 SCMR 1488 ref. Tariq Bashir and 5 others v. The State PLD 1995 SC 34; Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708 and Muhammad Shafiq v. The State 2011 PCr.LJ 869 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Benefit of doubt---Scope---Where doubt was created in a criminal case, benefit of the same was to be given to the accused, even at bail stage. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(1)---Bail---Cases not falling within the prohibitory clause of S.497(1), Cr.P.C.---Grant of bail in such cases was a rule and refusal an exception. Tariq Bashir and 5 others…

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