Case Details

Citation(s)
2010 SLG 2820 = 2010 SLD 2820 = 2010 MLD 1063
Lahore High Court
Criminal Miscellaneous No. 3192-B of 2009, decided on 7th October, 2009.
Presented By: Ch. Iftikhar Hussain, J

MUHAMMAD RIAZ ---Petitioner

VERSUS

THE STATE and another---Respondents

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), S.489-F---Dishonouring of cheque---Bail, grant of---Accused was behind the bars for the last five months---Accused was not a previous convict---Offence did not fall within the prohibitory clause of S.497(1), Cr.P.C. and grant of bail in such like cases was a rule and refusal an exception---Case of accused having become of bail, he could not be deprived of his liberty simply for the reason that he had remained an absconder---Factum of alleged absondence of accused was not an exceptional circumstance to warrant refusal of relief of bail to him---Bail was allowed to accused accordingly. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), S.489-F---Dishonouring of cheque---Bail---Case not hit by prohibitory clause of S.497, Cr.P.C.---General rule---Where the alleged offence does not fall within the prohibitory clause of S. 497(1), Cr.P.C. grant of bail is a rule and its refusal is an exception. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. (c) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), S.489-F---Dishonouring of cheque---Bail---Abscondence of accused---Effect---When case of an accused becomes of bail, then he cannot be deprived of his liberty simply because he had remained an absconder. Muhammad Wasim Shahab for Petitioner. Ashfaq Ahmed Malik, D.P.-G. for Respondent No. 1 / for the State. Muhammad Aslam for Respondent No2. Muhammad Iqbal, S.-I. with police record. ORDER CH. IFTIKHAR HUSSAIN, J.---Petitioner Muhammad Riaz through the instant petition has prayed for post-arrest bail in case F.I.R. No.445 registered under section 489-F, P.P.C. with Police Station Tulamba, District Khanewal on 19-10-2008. 2. Briefly, the prosecution case as per the F.I.R. is that Muhammad Riaz (petitioner) owed an amount of Rs.1,00,000 to the complainant in respect of gold articles purchased by him from him (complainant)…
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