Skip to main content

Posts

Fresh Bail Petition after withdrawal of first bail petition

By
  PLJ 2025 Cr.C. 30 [Lahore High Court, Lahore] Present : Farooq Haider, J. EHSAN ALI--Petitioner versus STATE etc.--Respondents Crl. Rev. No. 72289 of 2024, decided on 18.11.2024. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 439, 435 & 497(5)--Criminal revision--First application for post-arrest bail was dismissed as withdrawn--Withdrawing first application and then on very next day, filing another application through same counsel while not mentioning dismissal of earlier application resulting into entrustment of 2nd application to another Additional Sessions Judge, Sialkot, getting bail from there and even not disclosing earlier dismissal of application at time of final arguments in 2nd application clearly reflects violation of ratio as well as spirit contained in case--Relief obtained by way of such foul play i.e . concealing dismissal of earlier petition cannot be permitted to remain in field, therefore, irrespective of merit of case, impugned order has been passed b...
Post a Comment
Read more
Recent posts

Fresh Bail in case of dismissal on non prosecution basis

By
  PLJ 2021 SC (Cr.C.) 317 [Appellate Jurisdiction] Present: Syed Mansoor Ali Shah and Amin-ud-Din Khan, JJ. SHAZAIB, etc.--Petitioners versus STATE, etc.--Respondents Crl. P. No. 1075-L of 2020, decided on 29.7.2021. (Against the order dated 28.09.2020 passed by the Lahore High Court, Lahore in Crl. Misc. No. 39004-B/2020) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498-A--Pakistan Penal Code, (XLV of 1860), Ss. 337-A(i)/337-F(i)(v)/337-L(ii)/337-U(i)--Pre-arrest bail--Dismissal of pre-arrest bail due to non prosecution--Effect of--Fresh & second or subsequent pre-arrest bail petition--Once a pre-arrest bail is admitted for hearing and notice is given to state, it has to be decided on merits notwithstanding absence of petitioner on date fixed for hearing--In case petition is dismissed for non appearance of accused, petitioner can file a fresh bail petition before same court provided that he furnishes sufficient explanation for his non appearance in earlier bail petition ...
Post a Comment
Read more

Bail in case of Eleven Million Rupees Cheque

By
  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...
Post a Comment
Read more

The question whether cheque was issued towards fulfilment of an obligation

By
  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...
Post a Comment
Read more

Statutory ground of bail

By
  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...
Post a Comment
Read more