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Citation Name: 2023 YLR 166 LAHORE-HIGH-COURT-LAHOREBookmark this Case NAEEM SHAH vs State Ss — 2023 YLR 166 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLR 166 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
YLR
Parties
Citation Name: 2023 YLR 166 LAHORE-HIGH-COURT-LAHOREBookmark this Case NAEEM SHAH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 4; S. 497---F; S. 109---R; S. 161; S. 497---B; S. 497; Anti-Money Laundering Act; Anti-Money Laundering Act (VII of 2010); 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

Citation Name: 2023 YLR 166 LAHORE-HIGH-COURT-LAHOREBookmark this Case NAEEM SHAH VS State Ss. 3 & 4---Money laundering---Scope---For attracting the mischief of S. 4 of Anti-Money Laundering Act, 2010, the prosecution is primarily required to prove that the property is proceeds of crime. Citation Name: 2023 YLR 166 LAHORE-HIGH-COURT-LAHOREBookmark this Case NAEEM SHAH VS State S.497---Foreign Exchange Regulation (VII of 1947), Ss. 5 & 23---Anti-Money Laundering Act (VII of 2010), Ss. 3 & 4---Penal Code (XLV of 1860), S. 109---Restriction on payments--- Money laundering---Abetment---Bail, grant of---Scope---Allegation against accused was that he was the owner of a hundi/hawala business---Manager of the office, who was arrested, had disclosed the name of accused and co-accused as owners---During investigation, a laptop was secured containing the record of hundi business but no reference to it was made either in the FIR or in the statements of witnesses recorded under S. 161, Cr.P.C. on the first day of registration of FIR---From the forensic analysis of the laptop some screenshots deciphered, which contained the names of some individuals along with certain amounts of money about which primarily an inference was drawn as proceeds of hundi/hawala---Concession of post arrest bail could not be withheld from an accused merely on the basis of inferences and presumptions, instead the prosecution must collect some confidence inspiring incriminating material reasonably connecting the accused with the commission of crime---Petition for grant of bail was accepted. Citation Name: 2023 YLR 166 LAHORE-HIGH-COURT-LAHOREBookmark this Case NAEEM SHAH VS State S. 497---Bail---Scope---For the limited purpose of bail, the lesser sentence is to be considered. Citation Name: 2023 YLR 166 LAHORE-HIGH-COURT-LAHOREBookmark this Case NAEEM SHAH VS State S. 497---Bail---Scope---In respect of an offence not falling within the prohibitory clause of S. 497, Cr.P.C., grant of bail is a rule and refusal an exception---Such a person can only be held disentitled to the concession of post arrest bail, if there exist some recognized exceptional circumstances.

Other judgments reported in 2023 YLR

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