ALI ANWAR PARACHA vs State S — 2024 SCMR 1596 SUPREME-COURT

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ALI ANWAR PARACHA VS State S. 497---Bail---Registration of other criminal cases---Mere registration of other criminal cases against an accused does not disentitle him for the grant of bail if on merits he has a prima facie case. Citation Name: 2024 SCMR 1596 SUPREME-COURTBookmark this Case ALI ANWAR PARACHA VS State S. 497---Bail---Offences not falling within the prohibitory clause of section 497, Cr.P.C.---For such offences grant of bail is a rule and refusal is an exception. Citation Name: 2024 SCMR 1596 SUPREME-COURTBookmark this Case ALI ANWAR PARACHA VS State S. 497(2)---Penal Code (XLV of 1860), S. 489-F---Constitution of Pakistan, Art. 185(3)---Dishonestly issuing a cheque---Bail, grant of---Further inquiry---Complainant failed to provide specific details about the alleged business transaction with the petitioner (accused)---Additionally, the complainant was unable to provide any receipt for the cash amount allegedly received by the petitioner---Question whether the cheque was issued towards fulfilment of an obligation within the meaning of section 489-F P.P.C. was a question, which would be resolved by the Trial Court after recording of evidence---Petitioner was behind bars since his arrest---Maximum punishment provided under the statute for the offence under section 489- F, P.P.C. was three years and the same did not fall within the prohibitory clause of section 497, Cr.P.C.---Case of the petitioner squarely fell within the ambit of section 497(2), Cr.P.C. entitling for further inquiry into his guilt---Petition was converted into an appeal and allowed, and the petitioner was admitted to post-arrest bail. Citation Name: 2024 SCMR 1596 SUPREME-COURTBookmark this Case ALI ANWAR PARACHA VS State S. 489-F---Dishonestly issuing a cheque, offence of---Scope---Foundational elements to constitute an offence 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.

ALI ANWAR PARACHA vs State S — 2024 SCMR 1596 SUPREME-COURT

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