2007 PLP 1495 (YLR)
GHULAM KADIR — Applicant Versus THE STATE — Respondent
| Citation | 2007 PLP 1495 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mrs. Qaiser Iqbal, J |
| Parties | GHULAM KADIR — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1495 (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 2007 PLP 1495 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mrs. Qaiser Iqbal, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1495 (YLR) (GHULAM KADIR — 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
Interim pre-arrest bail, confirmation of-Fact that accused had issued cheque in question, had been established from the report of the case--Investigation had been completed and challan had been submitted before the Trial Court and case had been set up for trial
Offence committed by accused, was punishable up to three years, as such it did not fall within the prohibitory clause contained in S.497, Cr.P.C.
Grant of bail in such cases was a rule and refusal an exception
Pre-arrest bail already granted to accused stood confirmed on the same terms and conditions in circumstances. Ali Murtaza v. The State 2005 PCr.LJ 1773 rel. Amir Ali Mahessar for Applicant. Amir Ali Thari for the State.
Judgment & Decree
MRS. QAISER IQBAL, J.
Applicant has resorted to file application under section 498, Cr.P.C. in Crime No.47 of 2006/registered at Police Station Daur, under section 489-F, P.P.C. He was admitted on interim pre-arrest bail vide order dated 26-7-2006 which has now come up for hearing. The dispute relates to a loan advanced by the complainant amounting to Rs.1,00,000 to the applicant which he had offered to pay within two months as a consequence thereof he issued a cheque drawn on National Bank of Pakistan Daur Branch which was dishonoured on presentation. Complainant had lodged the F.I.R. against the applicant for issuing a bogus cheque in lieu of money borrowed by him from the complainant. I have heard Mr. Amir Ali Mahessar, learned counsel for applicant and Mr. Amir Ali Thari, learned counsel for the State. Mr. Mahessar has contended that on account of the relationship and trust between the applicant and complainant, a sum of Rs.100,000 was returned by applicant to the complainant in cash upon the complainant's undertaking that he will return the cheque issued to him, later complainant turned to be dishonest and proceeded to lodge the report against the applicant, who has been implicated in the commission of crime on account of mala fides, the offences does not fall within the prohibitory clause contained in section 497, Cr.P.C. Learned counsel for State did not oppose the bail application on account of punishment provided under the charged offence. The fact that applicant had issued a cheque has been established from the report of the case, investigation has been completed and challan has been submitted before the trial Court, the case has been set up for trial. The offence committed by the applicant is punishable up to 3 years and does not fall within the prohibitory clause contained in section 497, Cr.P.C. The grant of bail in such cases is a rule and refusal as an exception. In this connection reliance is placed on the case of Ali Murtaza v. The State (2005 RCr.LJ 1773). In view of above circumstances application is allowed. Interim pre-arrest bail already granted to the applicant vide order dated 26-7-2006 stands confirmed on the same terms and conditions. H.B.T./G-7/K????????????????????????????????????????????????????????????????????????????????????? Bail confirmed.