Ghulam Jilani vs State etc
The petitioner, Ghulam Jilani, sought post-arrest bail in connection with FIR No. 612 dated 13.12.2018, registered at Police Station Fatehpur, District Layyah, for an offence under Section 489-F of the Pakistan Penal Code 1860, involving the issuance of a dishonoured cheque amounting to Rs. 8,50,000/-. The core legal question before the Lahore High Court was whether the petitioner was entitled to the grant of post-arrest bail given the nature of the offence and the statutory framework governing bail. Upon review, the Court observed that the offence under Section 489-F of the Pakistan Penal Code 1860 does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, in the absence of material justifying the refusal of bail, the Court held that the petitioner was entitled to the relief sought. The Court granted bail subject to the furnishing of bail bonds and directed the trial court to conclude the proceedings within five months.
- Does an offence under Section 489-F of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is a petitioner entitled to post-arrest bail when the alleged offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Ghulam Jilani, the petitioner has sought post arrest bail in case-FIR No. 612 dated 13.12.2018, registered at Police Station Fatehpur District Layyah, for an of fence under Section 489-F , PPC.
2. Precise allegation against the petitione r is that he issued a cheque amounting to Rs. 8,50,000/- in favour of the complainant which were dishonoured on is presentation before the concerned Bank.
Hence, this case.
3. After hearing learned counsel for the parties as well as learned law officer appearing for the State and going through the documents appended with this petition, it is straightaway observed that since the offence does not fall within the ambit of prohibitory clause of Section 497, Cr.P.C., hence in absence of any material bringing the case of the petitioner into an exception justifying the refusal of concession of bail to him, he is deemed to be entitled to the prayed for relief.
4. In view of above, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 100,000/- (rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court.
5. Before parting with this order , learned trial Court is directed to conclude the trial of the instant case within five months, positively . 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.