Syed raza Farooq vs State S — 2025 YLR 147 Gilgit-Baltistan Chief Court

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Syed raza Farooq VS State S. 497---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Bail, refusal of---Habitual offender---Apprehension of abscondance---Allegation against the accused-petitioner was that he had dishonestly issued a cheque amounting to Rs. 1,30,000/- to the complainant to pay the liability of rent of a plot, which was dishonoured on presentation before the concerned bank---From perusal of record it transpired that the accused/petitioner was involved in three criminal cases registered under S.489-F, P.P.C---Admittedly, accused/ petitioner had issued three cheques to complainants which on presentation before the concerned bank bounced due to insufficient amount in the account of the present petitioner/accused---No possibility of false implication of the petitioner or substitution or mistaken identity existed because he was known to the complainants---Accused/petitioner though was not convicted in any case previously, but his involvement in three cases of similar nature was sufficient to declare him habitual offender and apprehension existed that if he was released on bail, he could repeat the offence and there also existed apprehension that he would abscond after release on bail, as he belonged to another Province---Offence with which the petitioner/accused was charged, no doubt did not fall within the prohibitory clause of S.497(1), Cr.P.C.---But it was not rule of law that in each and every case which is not punishable with death, imprisonment for life or ten years, bail must be granted to the accused without considering the gravity of the offence---Courts cannot be oblivious to the material collected by prosecution and after looking into it and making tentative assessment of evidence, if the Court comes to the conclusion that a prima facie case is made out it can refuse bail even in cases which are not punishable with death, imprisonment for life or ten years---Bail petitions being devoid of merit were dismissed, in circumstances.

Syed raza Farooq vs State S — 2025 YLR 147 Gilgit-Baltistan Chief Court

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