| Citation(s) |
|---|
| 2026 SLG 41 2026 SLD 41 = 2025 SHC 2586 |
Criminal Bail Application No. 1464 of 2025
MUHAMMAD HASAN (AKBER), J.
Date of hearing: 28.08.2025 Date of Order: 23.09.2025 Mr. Wahaj Ali Khan, Advocate for the Applicant. Mr. Ahmed Ali Ghumro, Advocate for the Complainant. Ms. Rahat Ahsan, Addl. P.G.
SUMAIR GAGAI S/O SALIM GAGAI
VS
THE STATE Sindh High Court, Karachi
Law: Pakistan Penal Code, 1860
Section: 489
Law: Criminal Procedure Code, 1898
Section: 497(1), 497(2), 498,Order XXXVII
Summary
The applicant sought pre-arrest bail in a case registered under section 489-F PPC regarding dishonoured cheques allegedly issued to repay a business loan. The Court observed that the prosecution failed to establish a clear financial obligation or proof of payment, the FIR was lodged after an unexplained delay, and the accused denied signatures on the cheques. Since the offence does not fall within the prohibitory clause and the matter requires further inquiry, the Court confirmed the applicant’s pre-arrest bail, holding that bail is the rule and jail an exception.
Sections Used
Section 489-F PPC
Section 497(1) Cr.P.C.