MUHAMMAD AYYUB vs THE STATE
This is a criminal petition filed by Muhammad Ayyub seeking post-arrest bail in case F.I.R. No. 1003 dated 4-10-2006 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station Gujjar Singh, Lahore. The core legal question involves whether the petitioner was entitled to post-arrest bail for allegedly issuing a dishonoured cheque, considering the nature of the offence and business transactions. The Lahore High Court dismissed the petition, holding that there was sufficient material on record to connect the accused with the commission of the offence and that, given the growing rate of crimes in business transactions, relevant provisions of law must be interpreted and applied strictly. The court established the principle that offences involving dishonoured cheques in business transactions warrant firm application of the law without granting bail when sufficient incriminating material exists.
- Whether an accused involved in issuing a dishonoured cheque under Section 489-F of the Pakistan Penal Code 1860 is entitled to post-arrest bail?
- Does the offence under Section 489-F of the Pakistan Penal Code 1860 warrant a strict interpretation and firm application due to its impact on business transactions?
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
FAZAL-E-MIRAN CHAUHAN, J.---The petitioner seeks post-arrest bail in case F.I.R. No,1003 dated 4- 10-2006 registered under section 489-F, P.P.C, at Police Station Gujjar Singh, Lahore.
2. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the case due to mala fide intention of the police as well as complainant and that the offence does not fall within the prohibitory clause of section 497, Cr.P.C.
3. Conversely, learned D.P.P.G. Has opposed the grant of bail. He contends that the petitioner committed heinous offence, therefore, he is not entitled to any relief.
4. Heard. Record perused.
5. Admittedly, the petitioner issued cheque to the complainant which was dishonoured by the concerned bank on its presentation and on the complaint of complainant criminal case was registered against him, There is sufficient material available on record to connect the accused with the commission offence. In view of the growing rate of crimes especially in field of business transaction there is no escape from interpreting relevant provisions of law in a strict manner and to apply them firmly in order to run the business in the country. No ground is made out for grant of bail to the petitioner. Resultantly, this petition having no merit is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 3 cases
- MUHAMMAD NAWAZ vs THE STATE and another 2010 P Cr. L J 1866
- MUHAMMAD SHAHID vs STATE and another PLJ 2010 Cr.C. (Lahore) 766
- MUHAMMAD SHAHID Versus State 2010 PCrLJ 1435