| Citation(s) |
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| 2025 SLG 3460 2025 SLD 3460 = 2025 MLD 607 |
Criminal Bail Application No. S-73 of 2024, decided on 15th April, 2024.
Before Muhammad Saleem Jessar, J
Abdul Rehman Mughal along with the applicants (on bail). Ali Anwar Kandhro, Addl. Prosecutor General, Sindh for the State. Nadeem Ahmed Khoso along with the Complainant. Date of hearing: 15th April, 2024.
IMRAN KHAN BROHI and another---Appellants
VERSUS
The STATE---Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 498 , 497(2)
Law: Penal Code (XLV of 1898)
Section:
(a) Criminal Procedure Code (V of 1898)---
----Ss. 498 & 497(2)---Penal Code (XLV of 1898), S. 489-F---Dishonestly issuing a cheque---Pre-arrest bail, confirmation of---Further inquiry---Accusedpetitioners were charged for issuing cheques dishonestly, which were dishonoured when presented before the concerned bank---No doubt the applicants were nominated in the FIR; however, it was registered with an inordinate delay of about 47 days, for which no plausible explanation had been furnished by the prosecution---Delay in criminal cases was always deprecated by the superior Courts---As far as the amount in question was concerned, the applicants had placed on record number of documents through statements, which on perusal revealed that the parties had strained relations over some business transactions; hence, had disputed the claim of each other---In view of earlier litigation between parties, the element of mala fide on the part of complainant could not be ruled out---Hence, the basic ingredients for grant of pre-arrest bail were very much attracted and applicable to the case---Moreover, there were disputed facts which were to be thrashed out by the Trial Court after recording pro and contra evidence of the parties at trial---Hence, the case against the applicants required further enquiry within the meaning of subsection(2) to S.497, Cr.P.C.---Consequently, bail application was allowed and interim pre-arrest bail granted to the applicants earlier was confirmed, in circumstances.
Ch. Saeed Ahmed Khalil v. The State and others 2023 SCMR 1712; Muhammad Imran v. The State and others 2023 SCMR 1152; Zafar Nawaz v. The State 2023 SCMR 1977; Abdul Rasheed v. The State and another 2023 SCMR 1948; Adnan Shehzad v. The State and another 2021 PCr.LJ 914; Shahid Hussain v. The State 2021 PCr.LJ Note 88; Muhammad Shabbir v. The State and others 2020 YLR Note 22 and Muhammad Azhar Iqbal v. The State and another 2021 PCr.LJ 2189 ref.