| Citation(s) |
|---|
| 2025 SLG 5187 2025 SLD 5187 = 2025 SHC 2630 |
Criminal Bail Application No. 674 of 2025
Tasneem Sultana, J.
Oo-hsr t ah S/o tnayet UllEh Ea{rat MusliE', adult R/o Housc No.389, unlt No.g, L.tiI6ba4 HydeEbad
Applicant / Accused Gohar Ullah S/o Inayat Ullah By caste Muslim Resident of House No. 389, Unit No. 3, Latifabad, Hyderabad At present: Karachi
VERSUS
The State Respondent / Complainant
Law: Pakistan Penal Code (PPC),1860
Section: 489-F, 420, 34
Law: Criminal Procedure Code, 1898
Section: 497(2), 497, 498 , Order XXXVII
Summary
The applicant Gohar Ullah sought pre-arrest bail in a case registered under Sections 489-F, 420 and 34 PPC. His earlier bail applications had been dismissed or withdrawn due to procedural reasons and a conviction in another case. He argued false implication, lack of mens rea, non-issuance of the cheque, payment of the alleged liability, delay in lodging the FIR, and regular appearance before the trial court.
The Court noted that Section 489-F PPC requires proof of dishonest intention and cheque dishonour, that liability payment and conflicting reasons for dishonour raise issues requiring trial determination, and that the offence does not fall within the prohibitory clause of Section 497 Cr.P.C., while Section 420 PPC is bailable. The Court also observed that Section 489-F PPC is not meant for recovery of money, for which civil remedies exist.
Finding the matter to be one of further inquiry, the Court confirmed pre-arrest bail, clarifying that observations are tentative and subject to trial.