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Syed LAKHAT-E-HASNAIN vs State 2006 SCMR 1609, Constitution of Pakistan 1973--185 , Criminal Procedure Code (Cr — 2010 SCMR 855 SUPREME-COURT

Case information

Citation
2010 SCMR 855 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2010
Reporter
SCMR
Parties
Syed LAKHAT-E-HASNAIN vs State 2006 SCMR 1609, Constitution of Pakistan 1973--185 , Criminal Procedure Code (Cr
Subject matter
Criminal
Provisions referred to
S. 497---F; S. 5; Criminal Procedure Code (Cr.P.C); Foreign Exchange Regulation Act; Pakistan Penal Code; Corruption Act; Electronic Crimes Ordinance; Foreign Exchange Regulation Act (VII of 1947); Penal Code (XLV of 1860); Crimes Ordinance (IV of 2008); Corruption Act (11 of 1947)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed LAKHAT-E-HASNAIN VS State 2006 SCMR 1609, Constitution of Pakistan 1973--185 , Criminal Procedure Code (Cr.P.C) 1898--497 , Foreign Exchange Regulation Act 1947--23 ,Foreign Exchange Regulation Act 1947--4 , Foreign Exchange Regulation Act 1947--5 , Foreign Exchange Regulation Act 1947--8 , Pakistan Penal Code 1860--109 , Pakistan Penal Code 1860--409 , Pakistan Penal Code 1860--420 , Pakistan Penal Code 1860--468 , Pakistan Penal Code 1860--471 , Prevention of Corruption Act 1947--5 , Prevention of Electronic Crimes Ordinance 2008--4 ,Prevention of Electronic Crimes Ordinance 2008--7 ,Prevention of Electronic Crimes Ordinance 2008--8 ,Prevention of Electronic Crimes Ordinance 2008--9 , S. 497---Foreign Exchange Regulation Act (VII of 1947), Ss.4, 5, 8(1)/23---Penal Code (XLV of 1860), Ss.409/420/468/471/109---prevention of electronic Crimes Ordinance (IV of 2008), Ss.4/7/8/9---prevention of Corruption Act (11 of 1947), S.5(2)---Constitution of Pakistan (1973), Art. 185(3)---Criminal breach oftrust, cheating, forgery and using as genuine a forged document---Bail, refusal of---Certificate of Chartered Accountant relied upon by the accused to show that the allegation of a fuzzed foreign exchange had no basis, could not be relied upon at bail stage before the Supreme Court as the same was neither produced before the investigating agency nor before the Trial Court or the High Court and was presented before Supreme Court for the first time---Court at bail stage had only to see whether accused was connected with the commission of the crime or not by making only tentative assessment of available evidence---Deeper appreciation of evidence and circumstances appearing in the case was neither desirable nor permissible at such stage---Accused were holding a licence from State Bank of Pakistan to deal with the money exchange business and they had not only violated Rules and Regulations of State Bank of Pakistan, but apparently had also acted against the interests of the country by scuffing huge amounts of foreign exchange---Discretion to grant bail, therefore, could not be exercised in favour of accused---Bail was declined to accused and leave to appeal was refused to him accordingly.

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