2017 PLP 47 (YLRN)
QAISER ALI KHAN — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 47 (YLRN) |
| Forum / Court | Lahore |
| Bench Members | Syed Shahbaz Ali Rizvi, J |
| Parties | QAISER ALI KHAN — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 47 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 47 (YLRN)?
The case was heard and decided by the Lahore bench comprising: Syed Shahbaz Ali Rizvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 47 (YLRN) (QAISER ALI KHAN — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sajid Hussain Bhatti for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.489-F
Earlier, accused was granted bail on the basis of a compromise arrived at between the parties
Due to non-fulfilment of the conditions of payment of amount, settled between the parties, bail granted to accused was cancelled; whereafter accused absented himself and since then he was behind the bars
Prior to cancellation of bail, accused kept joining the process of trial, but the prosecution did not produce evidence as such the trial could not be concluded
Even after arrest of accused and submission of fresh challan, no material and noticeable progress had been made in the trial proceedings
Offence alleged against accused did not fall under the prohibitory clause of S.497, Cr.P.C.
Accused having no previous criminal record at his credit, was no more required for investigation purpose
Accused, was not to be kept incarcerated for indefinite period
Registration of criminal case for offence punishable under S.489-F, P.P.C., was not to be used as a tool for the recovery of amount for which law had provided a separate remedy under the Civil Procedure Code, 1908
Keeping accused further behind the bars, would not be lucrative to the prosecution
Accused, was admitted to bail, in circumstances. [Paras. 4 & 5 of the judgment] Usman Riaz Chaudhry for the Complainant. Ch. Muhammad Akram Tahir, Deputy District Public Prosecutor for the State.
Judgment & Decree
SYED SHAHBAZ ALI RIZVI, J.--Through this petition, Qaiser Ali Khan, the petitioner seeks post arrest bail in case FIR No.610 dated 18.09.2013, offence under Section 489-F of Pakistan Penal Code, 1860, registered with Police Station B-Division, District Kasur.
2. Shortly, the allegation against the petitioner as per crime report is that as repayment of loan, he issued three cheques of different amounts to the complainant which stood dishonoured on presentation to the concerned bank.
3. Arguments heard. Record perused.
4. It has been noticed that earlier, the petitioner was granted post arrest bail in the subject FIR vide order dated 24.12.2013 passed by the learned Additional Sessions Judge, Kasur, conditionally on the basis of a compromise arrived at between the parties. Due to non-fulfilment of the condition of payment of amount settled between the parties, the post arrest bail granted to the petitioner was cancelled by the learned Additional Sessions Judge, Kasur, vide order dated 16.10.2014, where-after, the petitioner absented himself from the proceedings of trial and ultimately, he was arrested on 13.09.2015. Since then, he is behind the bars. Prior to the cancellation of his post arrest bail by the learned Additional Sessions Judge, Kasur, the petitioner kept joining the process of trial between 24.12.2013 and 16.10.2014 but the prosecution did not produce evidence and as such, the trial could not be concluded. Even after his re-arrest on 13.09.2015 and submission of fresh challan on 30.09.2015 till today, no material and noticeable progress has been made in the trial proceedings. The offence alleged against the petitioner does not fall under the prohibitory clause of Section 497 of the Criminal Procedure Code, 1898 and he, having no previous criminal record at his credit, is no more required for investigation purpose. In such an eventuality, the petitioner is not to be kept incarcerated till indefinite period especially when prior to the cancellation of his bail, he incessantly remained present before the learned trial court for a period of about ten months which reflects his good conduct in joining the process of law. The registration of criminal case for offence punishable under Section 489-F of Pakistan Penal Code, 1860, is not to be used as a tool for the recovery of amount for which law provides a separate remedy under the Civil Procedure Code, 1908.
5. For all discussed above, this Court is of the view that keeping the petitioner further behind the bars would not be lucrative to the prosecution hence, the instant petition is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/-with two sureties each in the like amount to the satisfaction of learned trial court. HBT/Q-1/L Bail granted.