GHULAM KADIR vs THE STATE
This matter arises from an application under Section 498 of the Code of Criminal Procedure 1898 seeking pre-arrest bail in respect of Crime No. 47 of 2006 registered at Police Station Daur under Section 489-F of the Pakistan Penal Code 1860, concerning the alleged issuance of a dishonoured cheque for a loan of Rs. 1,00,000. The core legal question involved whether pre-arrest bail should be confirmed when the offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 and investigation has concluded with the submission of the challan. The Sindh High Court held that since the punishment for the charged offence extends up to three years and thus falls outside the prohibitory clause, and investigation is complete, the case warrants the confirmation of bail, as grant of bail in such offences is the general rule and refusal is an exception. The court accordingly confirmed the interim pre-arrest bail.
- Whether pre-arrest bail should be confirmed when the offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is the grant of bail the rule and refusal an exception in offences punishable with imprisonment up to three years?
- Does the completion of investigation and submission of challan favour the confirmation of bail in non-prohibitory offences?
- Section 498, Code of Criminal Procedure 1898
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
1. 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.
2. Against the applicant for issuing a bogus cheque in lieu of money borrowed by him from the complainant. I have heard Mr. Amir Ari Mahessar, learned counsel for applicant and Mr. Amir Ali Than, learned counsel for the State.
3. 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.
4. 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 All Murtaza v. The State (2005 Cr.LJ 1773).
5. 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.
Cited by 8 cases
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- IMRAN vs THE STATE 2011 MLD 462
- JALAL AKBAR vs THE STATE 2011 P Cr. L J 754
- MUHAMMAD ATIF vs THE STATE 2011 MLD 621
- Insaf Ali vs The State K.L.R. 2011 Criminal Cases 306
- IFTIKHAR AKBAR vs THE STATE 2008 MLD 159
- KASHIF SAEED vs THE STATE 2007 P Cr. L J 1875