Sajjad Hussain vs State S — 2025 YLR 529 Gilgit-Baltistan Chief Court

Case information

Citation: 2025 YLR 529 Gilgit-Baltistan Chief Court
Year: 2025
Reporter: YLR
Parties: Sajjad Hussain vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 489-F---D; S. 173; S. 489-F; 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

Sajjad Hussain VS State S. 497---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Bail, grant of---Delayed FIR---Accused was charged for issuing a cheque which was dishonoured due to insufficient funds when presented before the concerned bank---From perusal of record it transpired that there was almost 3½ months unexplained delay in lodging of the FIR---Challan against the accused/petitioner had yet not been submitted in the Court of competent jurisdiction despite lapse of more than eight months of the registration of the FIR, which was violation of mandatory provisions of S.173, Cr.P.C.---Petitioner/accusedwas behind the bars for the last more than eight months and there was no progress regarding trial of case against the petitioner/ accused, whereas maximum punishment under S.489-F, P.P.C, was three years---Reportedly, the complainant had filed a suit against the petitioner/accused for recovery of the disputed amount, as such, the case of the petitioner/accused seemed to be a civil nature---Moreover, offence under S.489-F, P.P.C, did not fall within the ambit of prohibitory clause of S.497, Cr.P.C.---Grant of bail in offences not falling within the ambit of prohibitory clause of S.497, Cr.P.C., was a rule and refusal thereof was an exception---Accused was admitted to post arrest bail, in circumstances.

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