Syed Muhammad Ali vs State Ss — 2024 MLD 1363 LAHORE-HIGH-COURT-LAHORE

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Syed Muhammad Ali VS State Ss. 512 & 173---Proclaimed offender---Period in the proclamation for appearance of the accused---Scope---Though it was contented by the prosecution that non-bailable warrants of arrest of the petitioner was issued after five days of registration of case against him;then after seven days , proclamation against him was issued and then after two days challan report under S.173, Cr.P.C., for proceedings under S.512, Cr.P.C., was submitted ; yet the petitioner was arrested in the present case after a month of issuance of non-bailable warrants and was sent to jail the next day---Since period in the proclamation for appearance of the accused could not be less than 30 days as per statute and admittedly the petitioner was arrested after about 21 days of issuance of proclamation i.e. before expiry of prescribed period of 30 days , therefore, he could not be termed as proclaimed offender. Citation Name: 2024 MLD 1363 LAHORE-HIGH-COURT-LAHORE Syed Muhammad Ali VS State S. 497(2)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Post arrest bail, grant of---Further inquiry---Record revealed that though it was mentioned in the FIR that complainant had to take amount (Rs 32,00,000/-) from the petitioner/accused yet during entire investigation of the case, it had not come on the record that when, before whom and for which reason as well as for what purpose, said amount was given by the complainant to the petitioner and how it was due to complainant from him( petitioner), therefore, applicability of S.489-F P.P.C. in the present case itself requires further probe/inquiry within the purview of subsection (2) of S.497, Cr.P.C---Bail was granted to the accused, in circumstances. Citation Name: 2024 MLD 1363 LAHORE-HIGH-COURT-LAHORE Syed Muhammad Ali VS State S. 497(2)---Bail---Further inquiry---If the Court has come to the conclusion that case of the prosecution against the accused requires further probe/inquiry, then bail is grantedto him as of right and the same cannot be withheld due to abscondence. Citation Name: 2024 MLD 1363 LAHORE-HIGH-COURT-LAHORE Syed Muhammad Ali VS State S. 489-F---Dishonestly issuing a cheque---Scope---Section 489-F, Penal Code, 1860 (P.P.C.), was brought on the statute for the purpose of awarding punishment to the person, who issues the cheque dishonestly for repayment of a loan or fulfillment, of an "obligation", which is dishonoured on presentation---For invoking section: 489-F, P.P.C., mere issuance of cheque or its dishonouring is not sufficient rather first of all it will have to be proved as a "must" that cheque was issued for repayment of loan or fulfilment of obligation, meaning thereby that there must be material available on the record to show loan or obligation.

Syed Muhammad Ali vs State Ss — 2024 MLD 1363 LAHORE-HIGH-COURT-LAHORE

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