Mst. RAZIA BEGUM vs THE STATE
This matter concerns an application for confirmation of pre-arrest bail in a case involving an alleged offence under Section 489-F of the Pakistan Penal Code 1860, relating to the dishonour of a cheque. The core legal question was whether the applicant, an elderly woman, was entitled to pre-arrest bail given the circumstances of the case and the delay in lodging the First Information Report (F.I.R.). The court observed that the F.I.R. was lodged with an inordinate and unexplained delay of two years, which cast doubt on the prosecution's version of events. Furthermore, the applicant asserted that the cheque had been stolen and misused by the complainant, and that her bank's security protocols required her personal presence for encashment. The court held that the benefit of doubt, even at the bail stage, should be extended to the accused. Consequently, the court confirmed the interim pre-arrest bail previously granted to the applicant. The key principle laid down is that unexplained, inordinate delay in lodging an F.I.R. creates doubt in the prosecution's case, which entitles the accused to the benefit of doubt at the bail stage.
- Does an inordinate and unexplained delay in lodging an F.I.R. entitle an accused to the benefit of doubt at the pre-arrest bail stage?
- Can the court confirm pre-arrest bail where the applicant raises a plausible defense regarding the misuse of a cheque?
- Section 489-F, Pakistan Penal Code 1860
ORDER
1. ' KHAWAJA NAVEED AHMED, J.---This pre-arrest Bail Application has been moved by Ms. Aftab Bano Rajput on behalf of the Mst. Razia Begum, who was admitted to interim pre-arrest bail by this Court by order, dated 25-8-2008.
2. ' The brief facts of the case are that one Akbar Ali son of Dil Muhammad had lodged F.I.R. No, 101 of 2007 in Ferozabad Police Station stating therein that he had close family relation with Razia Begum.
3. It is stated that about two years ago Mst. Razia Begum was in serious need of money, he had given a loan of Rs,5,00,000 to her. She had, returned Rs,2,26,000 through cheque PLS No, 1058452, dated 21-7-2006 and the same was dishonoured on presentation by Muslim Commercial Bank, Tariq Road Branch, Karachi vide slip, dated 1-7-2006. He had alleged that Mst. Razia Begum had dishonestly issued cheque and as such had committed an offence under section 489-F, P.P.C.
4. ' Learned counsel for the applicant Ms. Aftab Bano Rajput has stated that the story mentioned in the is false. The complainant had become brother of the applicant. She is in her advanced age and senior citizen. She had shifted her house and during shifting the complainant had helped her and as such at that time had taken away her cheque from her luggage, which was subsequently misused by him.
5. ' Ms. Aftab Bano Rajput has emphasized much, on delay in lodging the F.I.R. Which is more than two years and is unexplained in the F.I.R.
6. ' Mr. Salimur Rehman learned Additional Prosecutor General has vehemently opposed this Bail Application. He states that tendency of issuance of forged cheque is increasing in our society and the Court should take serious view of that and such people should be punished, in order to maintain transparency in business dealings.
7. ' I have heard both the learned counsel and have perused the F.I.R. As well as have heard Mst. Razia Begum, who is present in person.
8. ' From her appearance, Mst. Razia Begum is a woman coming from a good family and is in her advanced age. She has denied issuance of cheque and has claimed ' that the complainant was like a brother to her and he has cheated her by taking away her cheque from her luggage, which she never issued. She has further stated that no cheque issued by her can be encashed unless she personally appears before the Manager of the Bank as she has system of photo-idy for encashment of cheque issued by her. The inordinate delay of two years in lodging F.I.R. Supports the version of Mst. Razia Begum, as, had there been a genuine cause of action the complainant should have re-acted immediately. The complainant in the contents of F.I.R. Has not mentioned that after dishonouring of the cheque from the bank he had ever approached Mst. Razia Begum for recovery of this money or she had ever promised to him to pay that amount.
9. ' On the other hand, the delay in lodging F.I.R. Is unexplained which creates doubt regarding prosecution version. It is settled law that benefit of doubt, if any, even on bail stage, should be given to the accused. In the present case apart from the merit of the case, the applicant is a woman coming from a good family and is in her advanced age.
10. ' Keeping in view all the above factual positions, I confirm pre-arrest bail granted to her earlier by order, dated 25-8-2008 on the same terms and conditions.
11. ' The observations made by me above, are tentative in nature and the trial Court Judge should not be influenced by it. The case should be decided by the trial Court Judge according to evidence on merits.
Cited by 2 cases
- IMRAN vs THE STATE 2011 MLD 462
- MUHAMMAD ATIF vs THE STATE 2011 MLD 621