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SHAHID ASLAM vs State S — 2022 SCMR 737 SUPREME-COURT

Case information

Citation
2022 SCMR 737 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
SHAHID ASLAM vs State S
Subject matter
Criminal
Provisions referred to
S. 497---C; 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

SHAHID ASLAM VS State S. 497---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Bail, grant of---Judge-in-Chamber of High Court granting bail to accused after the latter pledged to compensate the complainant and submitted a cheque of the disputed amount---Legality---Judge-in-Chamber denied post arrest bail to the accused on his failure to keep his pledge to compensate the complainant, when the cheque presented by the accused bounced on presentation---Such an arrangement, seemingly under the sword of Damocles could not be approved, inasmuch as, the Court being a neutral arbiter owed responsibility to none except the law---Parameters for grant of bail were authoritatively well settled, and were to be followed faithfully and, thus, there was no space to be allocated to the accused to barter his freedom, in derogation thereof---Furthermore accused was charged with an offence that did not attract the statutory bar of denial of bail---Accused was in custody since more than six months, continuation whereof, was not likely to serve any useful purpose preceding final adjudication---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail.

Other judgments reported in 2022 SCMR

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