Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 489-F

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.489-F---Bail, grant of---On demand of return of his amount by the complainant given to accused for securing him visa for going abroad, two cheques issued by the accused to him had been dishonoured by the Bank---Criminal law is based on the dictum that every one is innocent unless proved guilty by the Court---Police may collect incriminating material against the accused during the course of investigation, but presumption of innocence still remains in favour of accused, unless he is tried, convicted and sentenced by a competent Court---Even otherwise, release of an accused person on bail does not amount to his acquittal, but his judicial custody is transferred to a private person/surety, who is bound to produce the accused person before the Court---In offences not covered by the prohibitory clause of S.497, Cr.P.C., bail is granted as a rule and its refusal is an exception---Case against accused was not covered by the prohibitory clause of S.497, Cr.P.C. and he was allowed bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---Practice and procedure---Bail in offences which are not covered by the prohibitory clause of S.497, Cr.P.C. is granted as a rule and its refusal is an exception which practice is being consistently followed by superior Courts. ORDER SYED SHABBAR RAZA RIZVI, J.--- The learned counsel seeks post-arrest bail of petitioner who stands implicated in F.I.R. No.175 of 2008 dated 1-4-2008 under section 489-F, P.P.C. registered at Police Station "A" Division Kasur. 2. Briefly, according to the F.I.R., petitioner received Rs.4,90,000 for visa to send the complainant to Kuwait but neither visa was issued to the complainant nor the above mentioned amount was returned to him. On demand of return of the above mentioned amount, petitioner issued Cheque No.1572227, dated 15-2-2008 of Rs.90,000 and subsequently Cheque No.1572228, dated 15-3-2008 of Rs.4,00,000. Both the above mentioned cheques were dishonoured by the Bank. 3. According to the learned counsel the petitioner was arrested on 4-4-2008 and since then he is behind the bars. The…

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