2005 PLP 1063 (MLD)
MUHAMMAD ZULFIQAR‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2005 PLP 1063 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain, J |
| Parties | MUHAMMAD ZULFIQAR‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 PLP 1063 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1063 (MLD)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1063 (MLD) (MUHAMMAD ZULFIQAR‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Riasat Ali for Petitioner.
Headnotes / Summary
‑‑‑‑S. 497(2)‑‑‑Penal Code (XLV of 1860), S.489‑F‑‑‑Bail, grant of‑‑ Cheque issued by the accused to the complainant according to F.I.R. had been dishonored‑‑‑Cheque in question was issued on 30‑6‑2002 whereas the offence in question was inserted in the Pakistan Penal Code on 25‑10‑2002‑‑‑Question of liability of the accused for the same, therefore, was open to serious consideration which called for further inquiry into his guilt as envisaged by S.497(2); Cr.P.C.‑‑ Accused was not a previous convict and he was behind the bars for the last more than one and a half months‑‑‑Accused was admitted to bail in circumstances. Sohail Tariq for the State. M. Arshad, S.I. with police record.
Judgment & Decree
Sohail Tariq for the State. M. Arshad, S.I. with police record. Petitioner Muhammad Zulfiqar through the instant petitioner has sought for post‑arrest bail in case F.I.R. No.69 dated 11‑2‑2004 under section 489‑F, P.P.C. registered with Police Station Kotwali, District. Jhang.
2. Briefly the prosecution case as per F.I.R. is that Muhammad Zulfiqar (petitioner) on 30‑6‑2002 had issued cheque in the sum of Rs.10,00,000 to the complainant and the same was dishonoured.
3. After hearing the learned counsel of the parties and perusing the record, I find the cheque in question was allegedly issued on 30‑6‑2002. The said offence was inserted in the Pakistan Penal Code on 25‑10‑2002. The question that if the petitioner can be held liable for the same is open to serious consideration. His case, therefore, calls for further inquiry .into his guilt. The same, therefore, is covered under subsection (2) of section 497, Cr.P.C.
4. He is stated to be behind the bars since 11‑3‑2004 and previous non‑convict.
5. The alleged offence also does fall within the prohibitory clause of section 497(1), Cr.P.C.
6. In these circumstances, I accept this petition and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of D Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned Ilaqa/Duty Magistrate. N.H.Q./M‑889/L Bail allowed.