Obaid Khan vs State S — 2025 PCrLJ 602 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 PCrLJ 602 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: PCRLJ
Parties: Obaid Khan vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; 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

Obaid Khan VS State S. 497---Penal Code (XLV of 1860), Ss. 489-F & 420---Dishonestly issuing a cheque, cheating and dishonestly inducing delivery of property---Bail, refusal of---Accused sought bail after arrest in an FIR lodged under Ss. 489-F & 420, P.P.C---Record so furnished would reveal that the allegations against the accused/petitioner prima facie found positive support from the cheque return memo as it had been highlighted that the cheque in question was returned un-paid for the want of funds in the drawer's account---Likewise, the contents of the FIR mentioned that the subject cheque was delivered to the complainant in the background of business relations---During the investigation it was found that track record of the accused/petitioner was also tainted as he was involved in similar cases in the past, as such, the Court was not inclined to exercise its judicial discretion in favour of the accused/petitioner---Bail in such like offences, punishment of which did not fall within the prohibitory limb of S.497, Cr.P.C is not a rule of universal thumb, rather each and every case has its own facts and circumstances and should be adjudicated upon on its own merits---Resultantly, the subject application stood dismissed. Citation Name: 2025 PCrLJ 602 PESHAWAR-HIGH-COURTBookmark this Case Obaid Khan VS State Ss. 497 & 498---Bail---Tentative assessment---Scope---Observations recorded in bail orders are purely tentative in nature and should in no way prejudice an independent mind of Trial Court.

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