ARSHAD MAHMOOD vs State S — 2023 MLD 992 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 992 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: ARSHAD MAHMOOD vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 489-F---D; S. 489-F; S. 497; 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

ARSHAD MAHMOOD VS State S. 497---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Bail, grant of---Delayed FIR---Accused, who was arrested for an offense under S. 489-F, P.P.C., applied for bail---Registration of the crime report was delayed for over a year without explanation---It was apparent from the crime report that the accused had business dealings with the complainant---Accused claimed that he did not receive any money from the complainant, but this could be settled by the Trial Court after taking evidence---Since the maximum punishment for the offense under S. 489-F, P.P.C., was not more than three years, it did not fall under the prohibitory clause of S. 497, Cr.P.C.---Bail was the norm in cases like this, and its denial was an exception, but the prosecution could not identify any exceptional circumstances---Accused had no prior convictions or record---Accused had been in jail since his arrest, and the police no longer required his presence for further investigation---Prosecution would not benefit from the accused's indefinite detention in jail--- Bail was granted, in circumstances.

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