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Bail in case of Eleven Million Rupees Cheque

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  PLJ 2024 Cr.C . (Note) 264 [Lahore High Court, Lahore] Present: Miss Aalia Neelum , C.J. ZOBIA RAFIQUE--Petitioner versus STATE etc.--Respondents Crl . Misc. No. 24323-B of 2024, decided on 18.7.2024. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F-- Dishonoured of cheque --Bail after arrest, grant of--As per allegation in FIR, complainant alleged that petitioner borrowed an amount of Rs . 1,10,00,000/- from complainant for two months; however, she failed to pay it back--The petitioner denied her signature on alleged cheque --The reason for dishonor of cheque is that drawer signature is different, and there are insufficient funds, which supports version of petitioner--The question of whether cheque has been issued dishonestly would be seen by learned trial Court--The petitioner was arrested on 20.03.2024--The case investigation is complete, and petitioner’s person is no longer required to conduct further investigation--Bail...
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The question whether cheque was issued towards fulfilment of an obligation

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  PLJ 2025 SC (Cr.C.) 70 [Appellate Jurisdiction] Present: Yahya Afridi, Syed Hasan Azhar Rizvi and Irfan Saadat Khan, JJ. AZHAR PERVAIZ BUKHARI--Petitioner versus STATE and another--Respondents Crl. P.L.A No. 619-L of 2024, heard on 1.7.2024. (Against the order dated 04.03.2024 passed by Lahore High Court, Lahore in Crl. Misc. No. 4681-B of 2024) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Pre-arrest bail--Dismissal of--Leave to appeal--The question whether cheque was issued towards fulfilment of an obligation within meaning of Section 489-F P.P.C. is a question, which is to be determined by Trial Court after recording of evidence--Petitioner has failed to establish any mala fide or ulterior motives on part of complainant--The plea taken by counsel for petitioner that cheque in question was stolen and an FIR thereof was registered by petitioner’s brother in law holds no merit because said FIR was found to be false after inv...
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Statutory ground of bail

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  PLJ 2024 Cr.C. 1219 [Lahore High Court, Lahore] Present: Farooq Haider, J. MUHAMMAD RAUF--Petitioner versus STATE, etc.--Respondents Crl. Misc. No. 16105-B of 2024, decided on 28.6.2024. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497 & 497(1)--Pakistan Penal Code, (XLV of 1860), S. 489-F--Post arrest bail--Allowed--Delay in conclusion of trial--Completion of statutory period--Petitioner was not previously convicted--Right to release on bail--No application of bar--Deputy Prosecutor General and learned counsel for complainant could not refer any material to show that petitioner is previously convicted offender for an offence punishable with death or imprisonment for life or to opine at this stage that petitioner is a hardened, desperate or dangerous criminal or is accused of an act of terrorism punishable with death or imprisonment for life--After completion of statutory period, if any adjournment has been obtained by accused, it does not disentitle him for grant of b...
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Reasonable grounds are available on record to connect petitioner with commission of alleged offence

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  PLJ 2024 Cr.C . (Note) 291 [Lahore High Court, Lahore] Present: Farooq Haider , J. GHULAM MOHI-UD-DIN--Petitioner versus STATE etc.--Respondents Crl . Misc. No. 44861-B of 2024, decided on 6.11.2024. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Post-arrest bail--Dismissal of-- Dishonoured of cheque --Reasonable grounds are available on record to connect petitioner with commission of alleged offence--Though punishment of alleged offence does not fall in prohibitory clause of Section 497, Cr.P.C . yet Deputy Prosecutor General apprises that another case of similar nature arising out of FIR registered under Section 489-F, PPC at Police Station Haji Pura , District Sialkot is in credit of petitioner as accused, therefore, case of petitioner falls in exception where bail cannot be granted even in cases not falling within ambit of prohibition contained in Section 497, Cr.P.C .   [Para 2] A PLD 2021 SC 903. Mr. Ri...
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Modification in quantum of sentence

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  PLJ 2026 Cr.C . (Note) 84 [Lahore High Court, Multan Bench] Present: Shehram Sarwar Ch. , J. MUHAMMAD HANIF--Petitioner versus STATE etc.--Respondents Crl . Rev. No. 118 of 2022, decided on 24.6.2025. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435 & 439--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Criminal revision--Modification in quantum of sentence--Request reduction of sentence--Reappraisal of evidence--Rightly convicted by trial Court u/S. 489-F, PPC--The reduction of sentence of, considering peculiar circumstances of this case discussed above and agony of trial faced by him while maintaining his conviction under Section 489-F, P.P.C., his sentence is reduced to that already undergone by him--His surety stands discharged from liability of his bail bonds--Revision allowed. [Para 6] A Mr. Muhammad Bilal But , Advocate along with Petitioner (on bail). Malik Mudassar Ali , Deputy Prosecutor General for State. Date of hearing: 24.6.2025. Judgment Muhammad H...
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Exceptional case where bail cannot be granted

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  PLJ 2024 Cr.C. (Note) 298 [Lahore High Court, Lahore] Present: Farooq Haider, J. GHULAM MOHI-UD-DIN--Petitioner versus STATE and another--Respondents Crl. Misc. No. 44860-B of 2024, decided on 6.11.2024. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Post-arrest bail, dismissal of--Dishonoured of cheque-- Reasonable grounds are available on record to connect petitioner with commission of alleged offence--Though punishment of alleged offence does not fall in prohibitory clause of Section 497, Cr.P.C. yet Deputy Prosecutor General apprises that another case of similar nature arising out of FIR registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is in credit of petitioner as accused, therefore, case of petitioner falls in exception where bail cannot be granted even in cases not falling within ambit of prohibition contained in Section 497, Cr.P.C.--Bail dismissed.      ...
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Importance of receipt in case of return of payment

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  PLJ 2026 Cr.C. (Note) 114 [Lahore High Court Lahore] Present: Abher Gul Khan, J. MUHAMMAD ZAHID--Petitioner versus 9STATE etc.--Respondents Crl. Misc. No. 75900-B of 2024, decided on 17.3.2025. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Pre-arrest bail, dismissal of--Dishonoured of cheque--No receipt is available in order to establish the fact that outstanding amount for which cheque was issued stand cleared by the petitioner and the same is still outstanding against him. Even otherwise, learned counsel for the petitioner has miserably failed to establish any ill-will, mala fide or bias on the part of the complainant for falsely implicating the petitioner. As recovery is yet to be effected from the possession of the petitioner, therefore, he is not entitled to the extra-ordinary relief of pre-arrest bail.                  ...
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