2019 YLRN 75

MUHAMMAD JAN Versus State

Citation2019 YLRN 75

CourtGilgit-Baltistan Chief Court

Judge(s)Malik Haq Nawaz

ORDER

MALIK HAQ NAWAZ, J.--- The petitioner has been booked for the offences under sections 489-F/420, P.P.C. vide FIR No.81/2015 dated 05.08.2015 registered at Police Station City Gilgit.

2. The petitioner was allowed pre-arrest bail by this Court yesterday and the case was posted for today. The learned Dy. Advocate General and I.O. of the case were directed to appear along with the record of the case, who are present in Court along with record of the case.

3. The learned counsel for the petitioner submitted that the case is false and the petitioner has been involved in the case with mala fide intention. The complainant turned a civil despite into a criminal one, which is not permissible under law. The offences levelled against the petitioner does not fall within the prohibitory clauses of section 497, Cr.P.C. The petitioner bail before arrest be confirmed in the given circumstances of the case. The case is of the civil nature and execution proceedings are pending before the Civil Court and the case is fixed for today. The learned counsel for the petitioner relied on PLD 1993 SC 82, 2005 SCMR 784, 2008 MLD 159, 2012 MLD 355 and 2013 PCr.LJ 175.

4. The learned Dy. Advocate General opposed the petition and submitted that bail before arrest is an extra ordinary concession, which is extended in very rare and exceptional circumstances. The complainant has been cheated and deprived of a huge amount. The petitioner issued a cheque dishonestly knowing very well that there was no credit in his account.

5. Bail before arrest is an extra ordinary concession, which is extended in very rare and exceptional case. The grant of bail before deprives the investigation agency to proceed with the investigation of the case and the accused if admitted to bail before arrest, rarely co-operate with the I.O. of the case. The petitioner failed to point out any ill will or malice on the part of the complainant for his false implication.

6. No caes for bail before arrest is made out. The bail before arrest granted to the petitioer on 24.4.2019 is recalled accordingly.

MQ/51/GB Bail refused.