KASHIF ALI vs THE STATE
The petitioner sought post-arrest bail in a case registered under section 489-F of the Pakistan Penal Code 1860 at Police Station Gulberg, Lahore. The core legal question concerned the entitlement of the accused to post-arrest bail when a civil suit regarding the same subject matter was already pending adjudication before the civil court. The Lahore High Court held that the petitioner was entitled to the concession of bail in light of the dictum laid down in the cited precedent. The petition was consequently allowed, and the petitioner was admitted to bail subject to furnishing bail bonds.
- Is an accused entitled to post-arrest bail under section 489-F of the Pakistan Penal Code when a civil suit regarding the same dispute is pending adjudication?
- Whether the pendency of civil proceedings warrants the grant of bail in criminal matters arising out of financial transactions?
- Section 489-F, Pakistan Penal Code 1860
- Section 37, Code of Civil Procedure 1908
ORDER
1. SARDAR MUHAMMAD ASLAM, J.---The petitioner seeks post-arrest bail in case F.I.R. No.961 of 2004 dated 14-12-2004 registered under section 489-F, P.P.C. At Police Station, Gulberg, Lahore.
2. The learned counsel for the petitioner as well as learned counsel for the state has been heard.
2. 3.. Civil suit under section 37, C.P.C. Is pending adjudication before the learned District Courts, Lahore in respect of the dispute raised in this F.I.R. Relying on the dictum in case A. Habib Ahmad v.
3. M.K.G. Scott Christian and 5 others (PLD 1992 SC 353), the petitioner is entitled to the concession of bail. Resultantly, this petition is allowed and petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the learned trial Court.
4. Copy dasti.