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MUHAMMAD SALEEM vs State S — 2023 PCrLJN 52 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 52 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MUHAMMAD SALEEM vs State S
Subject matter
Criminal
Provisions referred to
S. 498---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

MUHAMMAD SALEEM VS State S. 498---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Pre-arrest bail, grant of---Delayed FIR---Scope---Accused sought pre-arrest bail in an FIR lodged under S. 489-F, P.P.C.---First Information Report was lodged with a substantial delay, which at the moment remained unexplained---Cheques allegedly issued were dated in the years 2018 and 2019, which too were presented at the Bank counters for encashment after a substantially long time---No cogent explanation was provided---Nexus of the accused with the transaction was yet to be proved---No suit for recovery of money was filed by the complainant and upon a tentative assessment it appeared that criminal law might have been put into motion as an arm twisting tactic---Mala fide could not be conclusively ruled out at preliminary stage---Offence under S. 489-F, P.P.C., though not bailable carried a potential sentence of 3 years and hence fell within the non-prohibitory clause of S. 497, Cr.P.C.---Petition for grant of pre-arrest bail was accepted.

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