RIAZ AHMED vs State S — 2024 YLR 1144 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 1144 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: RIAZ AHMED vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 489-F---D; S. 489-F; S. 497; 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

RIAZ AHMED VS State S. 497---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail, grant of---Further inquiry---Tentative assessment of the record reflected that the alleged cheque was dishonoured by the bank on 26.08.2022 and the FIR was lodged on 28.09.2022 with an inordinate delay of more than 26 days without any explanation of the delay---Delay in criminal cases, particularly when it was unexplained, is always presumed to be fatal for the prosecution---Sentence for the offence under S. 489-F, P.P.C. was three years and the same did not fall within the prohibitory clause of S. 497, Cr.P.C.---Grant of bail in the offences not falling within the prohibitory clause is a rule and refusal is an exception---Concession of bail is a procedural relief having nothing to do with the ultimate fate of the trial---If a person is otherwise found entitled to the concession of bail, his liberty could not be curtailed on the ground of the charge being of a heavy amount---In such cases rule is bail and not jail---Deviation from such rule could only be made in exceptional circumstances if there is an apprehension of abscondence; if there is an apprehension of repetition of offense; if there is an apprehension of tampering with the prosecution evidence---Bail application was accepted, in circumstances.

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