Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 489-F

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.489-F---Bail, grant of---Though challan had been submitted in the Court, yet formal trial had not commenced---Offence under S.489-F, P.P.C. did not fall within the prohibitory clause of S.497(1), Cr.P.C.---Bail in cases not falling within the prohibitory clause, according to practice, was granted as a rule and was refused only in exceptional cases---Present case could not be treated as an exceptional one in view of its facts and circumstances---Accused was in jail for the last more than five months which was a substantial part of maximum punishment of three years as provided under S.489-F, P.P.C.---Where a case for bail was made out, the same would not be refused or withheld as a punishment---Accused was not reported to have been involved in any other case---Bail was allowed to accused in circumstances. PLD 1995 SC 34; 2006 YLR 1105; 2006 MLD 330; PLD 2006 Lah. 434 and PLD 2006 Lah. 752 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle and practice---Bail is cases not falling within the prohibitory clause of S.497(1), Cr.P.C. is granted as a rule and is refused only in exception cases. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant of---Principles---Where a case is made out for grant of bail, the same should not be refused or withheld as an instrument of punishment. THIS ORDER PASSED BY: SYED SHABBAR RAZA RIZVI, J.--- The learned counsel for the petitioner seeks post-arrest bail in case F.I.R. No. 349 of 2006, dated 23-8-2006 registered under section 489/F, P.P.C. at Police Station Safdarabad. 2. Briefly according to F.I.R. the petitioner owed an amount of Rs.5,46,000. According to the complainant, when he made a demand for return of his money, petitioner on 29-6-2006 issued a Cheque No.41769752 to be drawn on drawee, United Bank Limited, Safdarabad Branch. According to the complainant he deposited the said cheque in his Account No.5985-7, National Bank of Pakistan, Safdarabad Branch. After 4/5 days bank officer of the National Bank informed the complainant that his cheque to be drawn on U.B.L. Safdarabad Branch had been…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492