AQEEL AHMED KHAN vs State S — 2025 SCMR 1955 SUPREME-COURT

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AQEEL AHMED KHAN VS State S. 497(2)---Penal Code (XLV of 1860), S. 489-F---Constitution of Pakistan, Art. 185(3)---Dishonestly issuing a cheque---Bail, grant of---Further inquiry---Petitioner was alleged to have committed the offence under section 489-F of P.P.C---Said offence was admittedly, of the category which fell within the non-prohibitory clause of section 497 of the Code of the Criminal Procedure, 1898 (Cr.P.C.)---While considering the grant of bail, for offences falling within the non-prohibitory clause, the grant of bail had to be considered favourably as a rule, but might be declined in exceptional cases---Extra ordinary and exceptional cases, inter alia, included likelihood of abscondence of the accused; apprehension of the accused tempering with the prosecution evidence; and the danger of the offence being repeated---Quantum of amount involved in a case registered under section 489-F, P.P.C., could not be treated as an exception to the general rule that in cases falling under the category of non-prohibitory clause, bail shall be considered favourably---Offence under section 489-F of P.P.C. was not a provision which was intended by the legislature to be used for recovery of the alleged amount---Criminal proceedings were meant to determine the guilt and then to sentence an accused---Legislature had set out the framework for recovery of an alleged amount in case of a dishonoured cheque under Order XXXVII of the Civil Procedure Code, 1908---Petitioner in this case was, therefore, entitled to be granted bail since the State counsel had not been able to persuade that exceptional circumstances existed in order to justify denying to the petitioner the concession of post arrest bail---Moreover, whether or not the alleged offence was attracted in the facts and circumstances of the case also required further probe---Petition was converted into an appeal and was allowed, and accused was granted bail in circumstances.

AQEEL AHMED KHAN vs State S — 2025 SCMR 1955 SUPREME-COURT

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