| Citation(s) |
|---|
| 2024 SLG 6341 2024 SLD 6341 = 2024 YLR 978 |
Islamabad High Court
Criminal Miscellaneous No. 508-B of 2022, decided on 29th April, 2022.
Before Arbab Muhammad Tahir, J
Muhammad Shahzad Siddiq for Petitioner. Hammad Saeed for
Respondent.
Criminal Miscellaneous No. 508-B of 2022, decided on 29th April, 2022.
Before Arbab Muhammad Tahir, J
Muhammad Shahzad Siddiq for Petitioner. Hammad Saeed for
Respondent.
SHAMS UR REHMAN---Petitioner
VERSUS
The STATE and another---Respondents
Law: Penal Code (XLV of 1860)
Section: 489F
Law: Code of Criminal Procedure, 1898
Section: V,497(2)
Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque--- Bail, refusal of--- Record showed that earlier bail petition filed by the accused was dismissed by the High Court on merits with direction to the trial Court to conclude the trial within one month but the needful could not be done which necessitated present petition---Directions to conclude the trial within a specific time frame were administrative in nature, and non-compliance of the same for whatever reasons, might not be a ground to seek bail as of right---Another important aspect of the matter was that ordinarily bail was to be allowed to an accused person on the ground of delay in conclusion of trial where the period of custody was shocking, unconscionable or inordinate and not otherwise---After examining the case of the petitioner and the law laid down on the subject, in the attending circumstances of the case, the ground of delay in conclusion of trial pursuant to the directions by the High Court, was not by itself a valid ground---Basis of delay to ask for post arrest bail, through this second petition, was not "shocking" and, therefore, could not be made basis as a "fresh ground" to ask for post-arrest bail at this stage--Consequently, bail petition was dismissed.2021 SCMR 822; 2011 SCMR 870; Nisar Ahmed v. The State and others PLD 2016 SC 11 and 2018 MLD 1975 ref.Nisar Ahmed v. The State and others PLD 2016 SC 11; Talat Ishaq v. National Accountability Bureau PLD 2019 SC 112 and Rehmatullah and another v. The State 2011 SCMR 1332 rel.Syed Shahbaz Shah, State Counsel with Iftikhar Ahmed ASI.ORDERARBAB MUHAMMAD TAHIR, J.---This is second post arrest bail petition by accused/ petitioner (Shams-ur-Rehman) in FIR No. 926, dated 27.12.2021, registered under Section 489-F. P.P.C., at Police Station Kohsar, Islamabad.2. According to the allegations set-forth in the FIR, petitioner lured the complainant to invest the money in property business and used to return the same with profit till 2016. In furtherance, the complainant also invested Rs. 3,15,00,000/and for return of the said amount, petitioner issued cheque No.…