Citation Name: 2025 PCrLJ 98 KARACHI-HIGH-COURT-SINDHBookmark this Case Qadeer Hussain Shah vs State Ss

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Citation Name: 2025 PCrLJ 98 KARACHI-HIGH-COURT-SINDHBookmark this Case Qadeer Hussain Shah VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing cheque---Pre-arrest bail, confirmation of---Further inquiry---Admittedly the applicant was all along on bail granted to him by First Appellate Court on 23.12.2020; however, he remained fugitive for about 13 months and again surrendered before the Court below by filing anticipatory bail application---Since the applicant was granted bail by first Appellate Court on merits and later he after remaining an absconder for 13 months surrendered voluntarily before the Court below as well as High Court, thereby had put himself completely upon the mercy of Court---Such conduct on the part of applicant showed that he had no wrong intention to abscond away---After rejoining the trial, applicant had been appearing and facing it without negligence, resultantly, the trial had been concluded and it was at the verge of conclusion viz. recording statement of the accused in terms of S.342 Cr.P.C.---No complaint with regard to misuse of the concession of bail extended to applicant had been brought on record by the prosecution or the complainant through which it could be deduced that applicant was not entitled for extraordinary relief---Mere absconsion was no ground to intercept the bail to an accused if otherwise accused had got a good case on merits---As far as merits of the case were concerned, applicant was granted post arrest bail by the first Appellate Court on merits and later due to his absconsion it was recalled---In case, applicant was put behind the bars, tomorrow again he would be released on bail, therefore, no technical or legal purpose would be served by putting him in jail---In the present case, applicant was all along on bail granted to him by the first Appellate Court; besides, he was not arrested or forced to surrender but he had surrendered voluntarily by putting himself completely upon mercy of the Court; hence, he deserved extraordinary relief of bail---Every accused would be presumed to be blue eyed of the law until and unless he might be found guilty of the charge and law could not be stretched upon in favour of the prosecution particularly at bail stage---Since, the applicant was granted bail on merits and later it was recalled due to his absconsion; hence, looking at his conduct, his case required further enquiry---Bail application was allowed, in circumstances.

Citation Name: 2025 PCrLJ 98 KARACHI-HIGH-COURT-SINDHBookmark this Case Qadeer Hussain Shah vs State Ss — 2025 PCrLJ 98 KARACHI-HIGH-COURT-SINDH

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