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SHAH ZAIN vs JAMEEL-UR-REHMAN S — 2021 PCrLJ 1549 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 1549 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
SHAH ZAIN vs JAMEEL-UR-REHMAN S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 406; Penal Code (XLV of 1860)

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

SHAH ZAIN VS JAMEEL-UR-REHMAN S. 498---Penal Code (XLV of 1860), Ss. 489-F & 406---Dishonestly issuing a cheque, criminal breach of trust---Pre-arrest bail, grant of---Scope---Accused persons sought pre-arrest bail in an FIR registered against them under Ss. 489-F & 406, P.P.C.---Allegation of complainant was that he had a mobile phone business with the accused persons; that they after getting the mobile phones worth Rs.83,65,000/- disappeared; that subsequently, they handed over two cheques to the complainant which were issued by the subsequent purchaser of the mobile phones and that the cheques, on presentation, were bounced being blocked by the drawer---Held; complainant had alleged a huge business transaction with the accused persons, however, the record was silent in that respect, as nothing was available on record which could support the contention of the complainant---Subsequent purchaser of mobile phones who had issued the cheques had already been released on post-arrest bail---Involvement of accused persons in the circumstances was not free from mala fide and ulterior motives---Applicability of S. 406, P.P.C. would be seen by the Trial Court at the time of trial---Accused persons had no criminal history of involvement in such like offences---Investigation was complete and the accused persons were not required for further investigation---Petition for grant of pre-arrest bail was allowed, in circumstances.

Other judgments reported in 2021 PCRLJ

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