Citation Name: 2023 PCrLJ 398 PESHAWAR-HIGH-COURTBookmark this Case FARMAN HUSSAIN vs State S

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Citation Name: 2023 PCrLJ 398 PESHAWAR-HIGH-COURTBookmark this Case FARMAN HUSSAIN VS State S. 497---Bail---Scope---Each case has to be seen through its own fact and circumstances and the concession of grant of bail cannot be exercised in a way which can be termed as arbitrary, fanciful or perverse. Citation Name: 2023 PCrLJ 398 PESHAWAR-HIGH-COURTBookmark this Case FARMAN HUSSAIN VS State S. 497---Penal Code (XLV of 1860), S. 498-F---Dishonestly issuing a cheque---Bail, refusal of---Scope---Dishonouring of the cheque even if become part of prosecution evidence bring home the charges would entail punishment to the maximum 3 years or with fine or with both but it is also to be taken into consideration that when there is exception for refusal of bail even for the offence where grant of bail is a rule, bail may be and can be refused---Mere fact that an offence does not fall within the prohibitory clause of S. 497(1), Cr.P.C. would not mean that such an offence had become a bailable offence---Discretion still remains with the competent Court to consider whether a person accused of such an offence does or does not deserve the grant of bail in accordance with established norms governing the exercise of such a power. Citation Name: 2023 PCrLJ 398 PESHAWAR-HIGH-COURTBookmark this Case FARMAN HUSSAIN VS State S. 497---Penal Code (XLV of 1860), Ss. 489-F & 420---Dishonestly issuing a cheque---Cheating and dishonestly inducing delivery of property---Bail, refusal of---Scope---Accused sought bail after arrest in an FIR lodged under Ss. 489-F & 420, P.P.C.---No mala fide or ulterior motive had been attributed on the part of the complainant to falsely implicate the accused in the case---Before his dismissal from service, the accused was serving as Director Finance of the college, who had robbed the college by committing breach of trust---Accused by filing his affidavit and executing an agreement with the college administration of his own sweet will, had provided cheques of different nominations for its payment on different dates---First cheque given by the accused had been dishonoured due to insufficient funds---Bail application was dismissed, in circumstances.

Citation Name: 2023 PCrLJ 398 PESHAWAR-HIGH-COURTBookmark this Case FARMAN HUSSAIN vs State S — 2023 PCrLJ 398 PESHAWAR-HIGH-COURT

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