Bilal Iqbal vs State S — 2025 MLD 373 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 MLD 373 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: MLD
Parties: Bilal Iqbal vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 489-F---D; 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

Bilal Iqbal VS State S.497---Penal Code (XLV of 1860), S.489-F---Dishonoring of cheques---Post-arrest bail, grant of---Issuance of three cheques---Business transaction---Involvement of huge amount---Investigation complete and petitioner not required for further investigation---Offence did not fall within the prohibitory clause of S.497, Cr.P.C., as maximum punishment provided for the offence was 03 years---Grant of bail in such like cases is generally the rule and refusal is the exception, especially for offenses with a maximum punishment of 03 years---No evidence was available against the accused qua misusing of bail in previous cases---Bail could not be withheld merely on the ground of the involvement of a huge amount---Bail can be declined in offences, which do not fall within prohibitory clause of S.497, Cr.P.C. when strong and exceptional grounds exist i.e. where the accused is habitual or has misused the concession of bail, which was not the position in the case of applicant---To err in granting bail is better than to err in declining it---Mere registration of other criminal cases without any conviction therein was not sufficient to deprive the applicant of the concession of bail---Enlargement of an accused on bail does not amount to his acquittal, rather, instead of being in jail, he is surrendered into the hands of sureties, who are responsible for his presence before the Trial Court---Applicant was admitted to post arrest bail, in circumstances.

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