| Citation(s) |
|---|
| 2024 SLG 5112 2024 SLD 5112 2024 SCMR 1719 |
Supreme Court of Pakistan
Crl. P.L.A No.619-L of 2024, decided on 1st July, 2024. (Against the order dated 04.03.2024 passed by Lahore High Court, Lahore in Crl. Misc. No. 4681-B of 2024). Date of hearing: 1st July, 2024.
Present: Yahya Afridi, Syed Hasan Azhar Rizvi and Irfan Saadat Khan, JJ
Amjad Farouk Bismil Rajput, Advocate Supreme Court along with Petitioner for Petitioner. Khurram Khan, Additional Prosecutor General Punjab for the State.
Crl. P.L.A No.619-L of 2024, decided on 1st July, 2024. (Against the order dated 04.03.2024 passed by Lahore High Court, Lahore in Crl. Misc. No. 4681-B of 2024). Date of hearing: 1st July, 2024.
Present: Yahya Afridi, Syed Hasan Azhar Rizvi and Irfan Saadat Khan, JJ
Amjad Farouk Bismil Rajput, Advocate Supreme Court along with Petitioner for Petitioner. Khurram Khan, Additional Prosecutor General Punjab for the State.
AZHAR PERVAIZ BUKHARI---Petitioner
VERSUS
The STATE and another---Respondents
Law: Code of Criminal Procedure (CrPC), 1898
Section: 498, / 489F
Law: Pakistan Penal Code, 1860
Section:
Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), S. 489-F---Constitution of Pakistan, Art. 185 (3)---Dishonoring of cheque---Pre-arrest bail, refusal of---Prima facie case---Fulfilment of obligation---Determination---Stolen cheque---Proof---Petitioner/accused sought pre-arrest bail on the plea that cheque in question was stolen and FIR was registered by his brother---Validity---Question whether cheque was issued towards fulfilment of obligation within the meaning of section 489-F, P.P.C. was a question, which was to be determined by Trial Court after recording of evidence---Bail before arrest was an extraordinary relief which could not be granted unless person seeking it satisfied conditions specified under section 497(2), Cr.P.C. and had established existence of reasonable grounds leading to believe that there were in fact sufficient grounds warranting further inquiry---First Information Report was not found to be false after investigation---There was sufficient incriminating material available on record which prima facie connected petitioner/accused with alleged offence, disentitling him from extra-ordinary relief of pre-arrest bail---Supreme Court declined to interfere in order passed by High Court as the same had considered all aspects of the case, both legal and factual and was well-reasoned---Petitioner/accused approached Supreme Court with a delay of 35 days and application seeking condonation of delay did not disclose any cogent reason for such delay---Petition for leave to appeal was dismissed, leave was refused and consequently petitioner was refused pre-arrest bail.Muhammad Sadiq and others v. The State 2015 SCMR1394 and Gulshan Ali Solangi and others v. The State 2020 SCMR 249 rel.JUDGMENTSYED HASAN AZHAR RIZVI, J.---Through the present petition, the petitioner seeks leave to appeal against the order dated 04.03.2024 (Impugned Order) passed by Lahore High Court, Lahore (High Court) in Crl.Misc. No.4681-B/2024 whereby the pre-arrest bail was declined to him in case FIR No.432 dated 23.12.2023 registered under Section 489-F, P.P.C. at the Police Station City Lala Musa District Gujrat.2. Precisely, the allegation against theβ¦
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