Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 420/406

Criminal Procedure Code (V of 1898)--- ----S. 497--Penal Code (XLV of 1860), Ss.420/406---Bail, refusal of----Explanation given by the complainant for having lodged the F.I.R. with a delay of about eight months was natural in (he peculiar circumstances of the case- -Complainant was justified to pursue the accused and make an effort for getting the needful done in due course and when ultimately he came to the conclusion that he had been cheated and his trust had been violated he lodged the F.I.R. belatedly and the delay in such a situation could not be detrimental to his case at bail stage----Accused was behind the bars for the last seven months and the offence was not covered by the prohibitory clause of S.497, Cr.P.C., yet the grant of hail was a discretionary relief for which the relevant circumstances could be taken into consideration and Court could justifiably refuse to exercise this discretion in favour of accused, if it prima facie transpired that the alleged offence had caused serious detriment to the complainant--Accused had not only betrayed the trust of the complainant and cheated him, but also in doing so had caused such financial loss to him as may be source of irreparable loss towards his individual economic position as well as the well being and peaceful financial life of his fancily---Accused in given circumstances could not claim bail as of right in a non-bailable offence, even though the case did not fall under the prohibitory clause of section 497(1), Cr.P.C.-- Bail was declined to accused accordingly. ORDER ZUBDA-TUL-HUSSAIN, J.--- The petitioner who is accused of breach of trust and cheating which resulted in depriving the complainant of an amount of Rs.7 lass with excuse that he shall provide him motorcycles on subsidized rates but he neither accomplished the trust nor returned the money to the complainant, has applied for post-arrest bail in case F.I.R. No.449 of 2006, dated 28-11-2006, under sections 420 and 406, P.P.C., registered at Police Station Channi Goth, District Bahawalpur. 2. The learned counsel for the petitioner argued that two months delay in registration of the case is sufficient to cause reasonable aspersion against the…

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