2011 SCMR 1708 (PLP)
RIAZ JAFAR NATIQ — Petitioner Versus MUHAMMAD NADEEM DAR and others — Respondents
| Citation | 2011 SCMR 1708 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Saqib Nisar and Asif Saeed Khan Khosa, JJ |
| Parties | RIAZ JAFAR NATIQ — Petitioner Versus MUHAMMAD NADEEM DAR and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 SCMR 1708 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1708 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Saqib Nisar and Asif Saeed Khan Khosa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1708 (PLP) (RIAZ JAFAR NATIQ — Petitioner Versus MUHAMMAD NADEEM DAR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shawar Khilji, Advocate Supreme Court for Petitioner.
- Date of hearing: 8th June, 2011.
Headnotes / Summary
(On appeal from the judgment dated 14-4-2011 of the Lahore High Court, Lahore passed in Criminal Miscellaneous No. 1642-B of 2011).
S. 497(1)
Penal Code (XLV of 1860), S. 489-F
Constitution of Pakistan, Art. 185(3)
Bail grant of--Non-prohibitory clause of S. 497, Cr. P. C.
Allegation against accused was that he issued a cheque for a sum of Rs. 20 million, which was dishonoured on presenting in bank
Effect
Where a case fell within non prohibitory clause of S. 497, Cr.P.C. the concession of granting bail must be favourably considered and should only be denied in exceptional cases
Bail was allowed. Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488 fol. Mazhar Sher Awan, Additional Prosecutor-General, Punjab for the State.
Judgment & Decree
MIAN SAQIB NISAR, J.
The petitioner has been arrested in case F.I.R. No. 1107 registered under section 489-F, P.P.C. on 23-8-2010 at Police Station Qila Gujar Singh, Lahore for dishonour of cheque amounting to Rs.2,00,00,
000. He was arrested in this case on 8-10-2010; the challan according to Additional Prosecutor-General, has already been submitted on 10-10-2010. The maximum sentence under section 489-F, P.P.C. is three years. The case does not fall within the prohibitory clause. The petitioner is behind the bars since last eight months and he is not required by the police for the purposes of investigation at this stage. Beside that the petitioner is a diabetic and is a patient of ulcer and a report in this regard is available on the record.
2. Thus keeping in view the law laid down in the case of Zafar Iqbal v. Muhammad Anwar and others (2009 SCMR 1488) ordaining that where a case falls within non-prohibitory clause the concession of granting bail must be favourably considered and should only be declined in exceptional cases. We do not find this to be a case where it should be refused as an exception. Thus, this petition is converted into an appeal and the same is allowed and, resultantly, the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs. 1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. M.H./R-6/SC Bail allowed.