MUHAMMAD SHOAIB ANWAR vs THE STATE
This post-arrest bail application was filed by applicant Muhammad Shoaib Anwar in Crime No. 11 of 2007 under Section 489-F of the Pakistan Penal Code 1860, registered at Police Station Joherabad, Karachi. The complainant alleged that the applicant had borrowed Rs. 4,00,000 and issued a cheque drawn on Soneri Bank, which was subsequently dishonoured upon presentation due to insufficient funds. The applicant argued that the matter arose out of a civil liability concerning a loan, that he was arrested on 21-02-2007, and that the investigation was complete as the challan had been submitted. The State Counsel conceded that the charged offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The High Court granted bail to the applicant, holding that since the investigation was complete and the challan submitted, he was no longer required for further inquiry by the investigating agency. Consequently, his case fell within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898.
- Whether an accused charged under Section 489-F PPC is entitled to post-arrest bail when the offence does not fall within the prohibitory clause of Section 497 Cr.P.C.?
- Does the submission of the police challan justify the grant of post-arrest bail under the ambit of further inquiry under Section 497(2) Cr.P.C.?
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
1. ' MRS. QAISAR IQBAL, J.--- Applicant Muhammad Shoaib Anwar son of Syed Anwar Hussain has applied for bail in Crime No,11 of 2007 under section 489-F, P.P.C. Registered at Police Station Joherabad, Karachi.
2. ' Precisely the facts leading io the case are that complainant Mirza Shahzad All lodged report that applicant has borrowed Rs,4,00,000 from him and had agreed to pay on 12th July, 2006. On instance of the complainant cheque drawn on Soneri Bank Hassan Mansion F.B. Area Branch in the sum of Rs,4,00,000 was issued which was presented to bank and was dishonoured for want of cash.
3. ' Mr. Saleem Hussain Shah learned counsel for applicant has contended that the applicant has been involved in the charged offence due to civil liability arising out of lending of loan by the complainant. He was arrested on 21-2-2007 connected in the commission of the charged offence.
4. The charge-sheet has been submitted and the case has been set on trial.
5. ' Mr. Fazlur Rehman Awan learned State Counsel has conceded to the above facts and contended that the offence with which the applicant is charged does not fall within the prohibitory clause contained in section 497, Cr.P.C.
6. Having considered the facts and circumstances of the case more particularly when the challan has been submitted, the applicant is not required for further inquiry by the Investigating Agency.
7. From the contents of First Information Report, case of bail is made out. I hereby extend the concession of bail to the applicant as his case comes within the ambit of further inquiry contained in subsection (2) of section 497, Cr.P.C.
8. ' The applicant is admitted to bail subject to furnishing solvent surety in the sum of Rs,50,000 (Rupees fifty thousand only) and P.R. Bond in the like amount to the satisfaction of the trial Court.
Cited by 2 cases
- Mst. DORIS THOMAS vs THE STATE 2011 MLD 793
- IMRAN LATIF vs THE STATE 2009 YLR 556