HAKEEM vs State — 2026 SCMR 792 SUPREME-COURT

Case information

Citation: 2026 SCMR 792 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: HAKEEM vs State
Subject matter: Criminal
Provisions referred to: S. 497; Pakistan 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

HAKEEM VS State. S.497(2)---Pakistan Penal Code (XLV of 1860), Ss.420, 406, 489-F & 34---Constitution of Pakistan, Art.185(3)---Cheating and dishonestly inducing delivery of property, criminal breach of trust, dishonest issuance of cheque, common intention---Bail, grant of---Further inquiry. It was not disputed that alleged offences fell within the category of non-prohibitory clause under Section 497, Cr.P.C. Co-accused was alleged to have entered into agreements with various persons. Whether or not offences to the extent of petitioner were attracted required further probe. Complainant and State failed to show any exceptional circumstances so as to decline concession of post-arrest bail. While considering grant of bail where offences fell within non-prohibitory clause, grant of bail had to be considered favourably as a rule and could be declined only in exceptional cases. Extraordinary and exceptional cases included likelihood of abscondence of accused, apprehension of tempering with prosecution evidence and danger of repetition of offence. Thus, case of further inquiry was made out. Investigation had been concluded to the extent of petitioner and further incarceration would serve no useful purpose. Petition was converted into appeal and allowed and petitioner was granted post-arrest bail.

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