2021 P Cr (PLP)
MUHAMMAD ISHAQ — Petitioner Versus The STATE and another — Respondents
| Citation | 2021 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ISHAQ — Petitioner Versus The STATE and another — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898), (c) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2021 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898), (c) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 P Cr (PLP) (MUHAMMAD ISHAQ — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Ali Mumtaz for Petitioner along with Petitioner in person.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), S. 489-F
Ad-interim pre-arrest bail, recalling of
Issuance of cheque by the accused and his signature thereon were admitted
Plea of accused was that the disputed cheque was infact issued as a "guarantee" but nothing as such was found mentioned in the said cheque, therefore, at bail stage, oral submission of the accused could not be given credence
During investigation, the accused had been found guilty
Accused had failed to point out any malice or ulterior motive on the part of the complainant to falsely implicate him in the case
Bail petition was dismissed, and order granting ad interim pre-arrest bail to the accused was recalled.
S. 498
Penal Code (XLV of 1860), S. 489-F
Ad-interim pre-arrest bail, recalling of
Plea of accused that he had already filed a civil suit seeking cancellation of (dishonored) cheque
Held, that merely on the basis of filing of such suit no case for grant of extra ordinary relief of pre-arrest bail was made out
Bail petition was dismissed, and order granting ad interim pre-arrest bail to the accused was recalled.
S. 498
Scope
Pre-arrest bail was an extra ordinary relief, which was meant only for innocent persons where the intended arrest of an accused was found to be actuated by mala fide on part of the complainant or the police.
Judgment & Decree
ASJAD JAVAID GHURAL, J.
Through instant petition under section 498, Cr.P.C, petitioner Muhammad Ishaq has sought the premium of bail before arrest in case FIR No.44/21 dated 15.01.2021 registered under section 489-F, P.P.C. at Police Station, City Samundari, District Faisalabad.
2. The allegation against the petitioner is that he purchased poultry feed from the complainant for an amount of Rs.3,95,07,032/- and in lieu thereof dishonestly issued a cheque of equal amount to discharge his obligation, which was dishonoured on its presentation before the concerned bank. Hence, this case was registered.
3. I have heard learned counsel for the petitioner, learned Additional Prosecutor General appearing for the State and perused the record.
4. The issuance of cheque by the petitioner and his signature thereon are admitted one. The plea of the petitioner is that the disputed cheque was infact issued as a "guarantee" but nothing as such is found mentioned in the said cheque, therefore, at this stage, oral submission of the petitioner cannot be given credence. As far as submission of the petitioner that he has already filed a civil suit seeking cancellation of said cheque is concerned, suffice it to say that merely on the basis of filing of such suit no case for grant of extra ordinary relief of pre-arrest bail is made out. During investigation, the petitioner has been found guilty. Pre-arrest bail is an extra ordinary relief, which is meant only for innocent persons where the intended arrest of an accused is found to be actuated by mala fide on part of the complainant or the police as held by august Supreme Court of Pakistan in case titled "Mukhtar Ahmad v. The State" (2016 SCMR 2064)". In this backdrop, learned counsel for the petitioner has failed to point out any malice or ulterior motive on the part of the complainant to falsely implicate the petitioner in this case, therefore, he is not entitled to the claim prayed for. In view of above, the petition in hand is without any merit, the same stands dismissed. Order granting ad interim pre-arrest bail to the petitioner is hereby recalled. MWA/M-47-L Bail cancelled.