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AZHAR PERVAIZ BUKHARI vs State S — 2024 SCMR 1719 SUPREME-COURT

Case information

Citation
2024 SCMR 1719 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
AZHAR PERVAIZ BUKHARI vs State S
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

AZHAR PERVAIZ BUKHARI VS State S. 498---Penal Code (XLV of 1860), S. 489-F---Constitution of Pakistan, Art. 185 (3)---Dishonoring of cheque---Pre-arrest bail, refusal of---Prima facie case---Fulfilment of obligation---Determination---Stolen cheque---Proof---Petitioner/accused sought pre-arrest bail on the plea that cheque in question was stolen and FIR was registered by his brother---Validity---Question whether cheque was issued towards fulfilment of obligation within the meaning of section 489-F, P.P.C. was a question, which was to be determined by Trial Court after recording of evidence---Bail before arrest was an extraordinary relief which could not be granted unless person seeking it satisfied conditions specified under section 497(2), Cr.P.C. and had established existence of reasonable grounds leading to believe that there were in fact sufficient grounds warranting further inquiry---First Information Report was not found to be false after investigation---There was sufficient incriminating material available on record which prima facie connected petitioner/accused with alleged offence, disentitling him from extra-ordinary relief of pre-arrest bail---Supreme Court declined to interfere in order passed by High Court as the same had considered all aspects of the case, both legal and factual and was well-reasoned---Petitioner/accused approached Supreme Court with a delay of 35 days and application seeking condonation of delay did not disclose any cogent reason for such delay---Petition for leave to appeal was dismissed, leave was refused and consequently petitioner was refused pre-arrest bail.

Other judgments reported in 2024 SCMR

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