2025 PLP 1016 (YLR)
Imran Ahmed — Applicant Versus The State — Respondent
| Citation | 2025 PLP 1016 (YLR) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | Imran Ahmed — Applicant Versus The State — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2025 PLP 1016 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2025 PLP 1016 (YLR)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2025 PLP 1016 (YLR) (Imran Ahmed — Applicant Versus The State — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.498
Penal Code (XLV of 1860), S. 489-F
Allegedly on account of some transaction petitioner /accused applicant gave three cheques to the complainant and all three cheques were dishonored on presentation, however, the complainant registered (present) FIR against the petitioner/accused but only in respect of one dishonored cheque
Record revealed that, subsequent to registration of present FIR, the complainant had also registered one more FIR in respect of another cheque in which the petitioner/accused was arrested and was granted bail after 27 days
A civil suit, reportedly, between the parties on the same cause of action was also pending
Three cheques given by the petitioner/accused to the complainant were in respect of one and the same transaction
When the petitioner / accused was arrested in one FIR and was granted bail, the same principle would be applicable in the present case/FIR
It is not scheme of law to send a person to jail by dismissing his pre-arrest bail application and then granted him post arrest bail
Complainant instead of registering one FIR in respect of all dishonored cheques had chosen to register separate FIR sin respect of each cheque against the petitioner / accused after a few months hiatus
Said action of the complainant appears to be tainted with mala fide
Pre-arrest bail was granted to the petitioner / accused, in circumstances.
Judgment & Decree
Muhammad Iqbal Kalhoro, J.
Allegedly on account of some transaction on a Plot No.R-503, Sector 31/C-2, KDA Employees Society, Karachi, applicant gave three cheques of Rs.2,700,000/- each total Rs.8,100,000/- to the complainant. Subsequently, the transaction did not stand and three cheques issued by applicant to the complainant for the amount he owed to him, presented in the bank were dishonored, he registered present FIR against the applicant but only in respect of one dishonoured cheque.
2. Subsequently, complainant also registered FIR No.97/2024 at P.S. Korangi in respect of another cheque of Rs. 2,700,000/- in which applicant was arrested and after 27 days he was granted bail. It is reported that a civil suit between the parties on the same cause of action is also pending. Three cheques given by the applicant to the complainant were in respect of one and the same transaction. When applicant was arrested in one case, a part of the present case, and granted bail, the same principle would be applicable here. For it is not scheme of law to send a person to jail by dismissing his pre-arrest bail application and then grant him post arrest bail.
3. These arguments have been submitted by learned counsel in defence, opposed by learned counsel for complainant and learned Addl: PG Sindh. However, it is apparent that complainant instead of registering one FIR in respect of all dishonored cheques has chosen to register separate FIRs in respect of each cheque against the applicant after a few months hiatus. This action of the complainant appears to be tainted with mala fide. Accordingly, this application is allowed and ad-interim-pre-arrest-bail granted to the applicant vide order dated 08.01.2024 is confirmed on same terms and conditions. The bail application stands disposed of. MQ/I-5/Sindh Bail confirmed.