KHURRAM IMTIAZ vs State S — 2022 MLD 329 ISLAMABAD

Case information

Citation: 2022 MLD 329 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: KHURRAM IMTIAZ vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 489-F---D; 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

KHURRAM IMTIAZ VS State S. 497(2)---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail, grant of---Further inquiry---Allegation against the accused was that he issued cheques to the complainant which were dishonoured, when presented before the Bank---Prosecution case was that there was business relationship between the parties and cheques were issued against the business transaction---Investigating Officer had admitted that the accused had made partial payment of Rs. ten million approximately to the complainant---Offence did not fall within the prohibitory clause of S.497, Cr.P.C---Circumstances suggested that it was not a case where bail should be refused as an exception---Ultimate conviction and incarceration of guilty accused could repair the wrong caused by mistaken relief of bail after arrest but no satisfactory reparation could be offered to the accused for his unjustified incarceration if he was acquitted ultimately---Investigation in the case had been completed---Accused was previously non-convict---Accused was no more required by the police for the purpose of further investigation---Accused was behind the bars without any progress in the trial---Fair and speedy trial was one of the fundamental rights of the petitioner---No moral and legal compulsion existed to keep the accused behind the bars for an indefinite period which amounted to punishment without trial---Tentative assessment of record showed that the accused had made out a case of further inquiry as envisaged under S.497(2), Cr.P.C---Bail petition was allowed, in circumstances.

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