MUHAMMAD ANWAR vs State Ss — 2024 SCMR 1567 SUPREME-COURT

Case information

Citation: 2024 SCMR 1567 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: MUHAMMAD ANWAR vs State Ss
Subject matter: Criminal
Provisions referred to: S. 498---P; S. 489-F---C; 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 ANWAR VS State Ss. 497 & 498---Constitution of Pakistan, Art.185(3)---Bail, grant of---Principles---It is better to err in granting bail than to err in refusal because ultimate conviction and sentence can repair the wrong resulting from a mistaken relief of bail. Citation Name: 2024 SCMR 1567 SUPREME-COURTBookmark this Case MUHAMMAD ANWAR VS State S. 498---Penal Code (XLV of 1860), S. 489-F---Constitution of Pakistan, Art.185(3)---Dishonestly issuing a cheque---Pre-arrest bail, grant of---Further inquiry---Cheque given as a guarantee---Every transaction where a cheque is dishonoured may not constitute an offense---Foundational elements to constitute an offense under section 489-F, P.P.C. are the issuance of the cheque with dishonest intent; the cheque should be towards repayment of loan or fulfillment of an obligation; and lastly that the cheque is dishonoured---In the present case the agreement in question was executed between petitioner (accused) and person "MA" regarding a plot---Perusal of said agreement indicated that the cheque in question was issued as "Guarantee" from the petitioner to "MA"---Complainant had failed to produce any receipt issued by the petitioner while receiving cash amount of 2,00,000/-.---Tentative assessment of the record showed that the cheque was not towards the fulfillment of any obligation but rather it was given as security---Prima facie, it did not attract the elements of section 489-F, P.P.C.---Petition was converted into an appeal and allowed, and the petitioner was admitted to pre-arrest bail.

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2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497(2)---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506---Constitution of Pakistan, Art. 185(3)---Murder…
2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Benefit of doubt---Benefit of doubt can even be extended at b…
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