Allah Jawaya vs The State
This matter concerns a petition for post-arrest bail filed by the accused in a criminal case registered under Section 489-F of the Pakistan Penal Code 1860, following the dishonour of a cheque allegedly issued to the complainant. The petitioner contended that the cheque was issued in the context of business dealings with a third party, not the complainant, and argued that the offence did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Additionally, the petitioner claimed that investigation findings supported his stance and that he had been incarcerated for six months without trial progress. The complainant opposed the bail, asserting the cheque was indeed issued to him and had been dishonoured, and noted that the challan had been submitted and the trial was underway. The Court declined to delve into the factual merits of the case to avoid prejudicing the ongoing trial. Noting that the trial had commenced and the cheque was issued in the complainant's name, the Court dismissed the bail petition and directed the Trial Court to conclude the proceedings expeditiously within three months.
- Should a court delve into factual controversies during a bail application when the trial has already commenced?
- Does the issuance of a cheque in the name of the complainant constitute sufficient grounds to deny bail in a case under Section 489-F of the Pakistan Penal Code 1860?
- Is it appropriate for a High Court to direct the Trial Court to conclude proceedings within a specific timeframe when dismissing a bail petition?
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.- Seeks post-arrest bail in case F.I.R. No. 176/2005, dated 9.5.2005 for the offence under Section 489-F, PPC registers at Police Station, Depalpur, District Okara, on the grounds that petitioner had business dealings with one Safdar, resident of another Chak and because of the said business dealings he had issued cheque (subject-matter of this F.I.R ); the same was never issued in favour of the complainant as alleged in the F.I.R. Further submits that petitioner is behind the bars for the last six months and there is no progress in the matter, offence allegedly committed by the petitioner does not fall within the prohibitory clause of Section 497, Cr.P.C. Submits that during the investigation stand of the petitioner was also found to be correct by the Agency. Conversely counsel for the complainant submits that the cheque in dispute was issued in the name of the complainant amounting to Rs. 6,40,000/- by the petitioner and the said cheque was not honoured by the Bank, thereafter present case was got registered.
Further submits that challan has already been submitted before the Trial Court and the matter is fixed for recording of prosecution evidence for 22.10.2005.
2. Heard. File perused.
Since the trial has already commenced, it is not proper stage to dilate upon the factual aspect of the case lest it may prejudice the case of either party pending before the Trial Court. Even otherwise learned counsel for the complainant has placed on record photo-copy of the cheque (subject-matter of the F.I.R.) which reveals that the same was issued in the name of the complainant. This petition having no merits stands dismissed with the direction to the Trial Court to proceed with the matter expeditiously and to conclude the same within three months.