Case Details

Citation(s)
2007 SLG 408 2007 SLD 408 = 2007 CLD 1598
Lahore High Court
Criminal Miscellaneous No.4743/B of 2007, decision dated:20-09-2007
NASIM SIKANDAR, JUSTICE
Salman Safdar for Petitioner. Ms. Azra Parveen, Deputy Prosecutor-General, Punjab, with Khalid Javed S.-I

KHALID AZIZ KHAN

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code (XLV of 1860)

Section: 489-F

Criminal Procedure Code (V of 1898)--S. 498---Penal Code (XLV of 1860), S.489-F--- Ad interim pre-arrest bail, confirmation of---Accused, Managing Director/Chief Executive Officer of a limited company which had gone into liquidation and where a liquidator also had been appointed, was alleged to have issued cheques of the value of Rs.2,84,096 in consideration of supply of cotton to the Spinning Mill owned by said limited company---I3ank had declined to honour said cheques---Accused was one of the 57 share-holders of the said limited company and had not issued cheques from his personal account nor had incurred any personal liability on supply of cotton nor he was the sole beneficiary of the supply made to the limited company---Factum of the company having gone into liquidation. and a liquidator having been appointed, the nature ,of claim. of the complainant as supplier as also the status of the accused as Chief Executive Officer had undergone a change, legal implications of such change also needed to be considered and ruled upon, which would be possible only after production of evidence of the parties in trial---Issue of liability cf Chief Executive of the company extended and over-laped his liability as ashare-holder also needed further consideration---Accused was stated to be more. than 70 years of age and a number of documents, medical prescriptions, laboratories results had been placed on record to show that he was a heart patient besides suffering from other serious ailments---All documents relevant to the ease being not in possession of the accused, he was not required for their recovery and such documents could eery wets be collected by the Investigating Officer without arresting the accused---Ad interim bail already allowed to accused was confirmed by the High Court.ORDER NASIM SIKANDAR, J.--- The petitioner was allowed ad interim pre-arrest bail on 26-6-2007 in case F.LR. No.79 of 2006 dated .13-2-2006 under section 489-F registered at Police Station Gulberg, Lahore, subject. to his furnishing bail bonds in the sum of Rs. 1,00,000 with one surety in the like amount to the satisfaction of the trial Court. 2. The F.I.R. in question was recorded…
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