2006 PLP 1452 (YLR)
TALIB HUSSAIN — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 1452 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Ahmad Chaudhry, J |
| Parties | TALIB HUSSAIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 1452 (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 2006 PLP 1452 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ijaz Ahmad Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1452 (YLR) (TALIB HUSSAIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Petitioner.
- Date of hearing: 7th October, 2005.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.489-F
Offence did not fall within the prohibitory clause of S.497, Cr.P.C. and grant of bail in such-like cases was a rule and refusal an exception
Accused was behind the bars since his arrest
No exceptional circumstances were found in the case for refusal of bail to accused
Accused was released on bail, in circumstances. Ch. Muhammad Ahad Batalvi for the State.
Judgment & Decree
IJAZ AHMAD CHAUDHRY, J.
Through this application under section 497, Cr.P.C. the petitioner seeks bail after arrest in case F.I.R. No.242 of 2005, dated 25-5-2005 registered under section 489-F, P.P.C. at Police Station Bhalwal District Sargodha, on the application Sh. Altaf Saeed.
2. The brief allegation in the F.I.R. is that the complainant and the petitioner were involved in joint business and a cheque was executed for an amount of Rs.3,88,000 to be drawn from Chowk United Bank on 23-5-2005 regarding the payment of the material which was supplied to them and the said cheque was bounced.
3. Learned counsel for the State contends that the cheque was bounced and the trial has commenced wherein the statement of the Bank Manager has been recorded.
4. I have heard the learned counsel for the State and also perused the record. The offence admittedly does not fall within the prohibitory clause of section 497, Cr.P.C. and grant of bail in such-like cases is a rule and refusal is an exception. The petitioner is behind the bars since 2-6-2005. There are no exceptional circumstances in the present case for the refusal of bail to the petitioner. Hence this application is accepted and the petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./T-7/L Bail granted.