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---Constitution of Pakistan, Art.4--Dishonouring of cheque---Ad-interim pre-arrest bail, confirmation of---Offence not falling in prohibitory clause of S.497, Cr.P.C.---Bail---Purpose---Bail is not meant to be punitive or preventive but to ensure the accused's presence during the trial---Every person is presumed innocent until proven guilty and pre-conviction detention should be used only to secure attendance---Right to life and liberty is guaranteed under Art.4 of the Constitution---Offence under S.489-F is punishable up to 3 years, which does not warrant pre-trial detention under S.497, Cr.P.C.--Applicant had been regularly appearing before the Trial Court and had not frustrated the proceedings---Complainant's failure to attend court proceedings suggested a lack of interest in pursuing the case, thus, refusal of bail would not serve any useful purpose, rather there was serious apprehension of humiliation and harassment of the applicant at the hands of police---Disputed amount as per alleged cheque was a meager one---It was yet to be determined by the Trial Court whether an offence under S.489-F, P.P.C., was constituted or otherwise---Adinterim pre-arrest bail already granted to the accused was confirmed, in circumstances.

Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 rel.