| Case ID |
05852be2-ac23-4b9f-aaa0-5086053ae33f |
| Body |
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| Case Number |
Crl. Misc. No. 2351-B of 2017 |
| Decision Date |
May 12, 2017 |
| Hearing Date |
|
| Decision |
The bail application of the petitioner, Shabbir Ahmad, was accepted based on the evaluation of the FIR and the circumstances surrounding the case. The court noted that the complainant's claim was based on an unregistered agreement-deed that lacked clarity and that the petitioner had been in custody for nine months. The court emphasized that the alleged offence of issuing a bounced cheque did not fall within the prohibitory clause of Section 497(1) of the Criminal Procedure Code. It was determined that the grant of bail in such cases is generally the rule, with rejection being the exception. Therefore, the petitioner was granted post-arrest bail upon furnishing surety bonds. |
| Summary |
This case revolves around the issuance of a cheque that was dishonoured due to insufficient funds, leading to allegations against the petitioner, Shabbir Ahmad. The complainant, Anwar Ali, claimed that the petitioner issued a cheque of Rs. 1,20,00,000/- as part of a property transaction that involved an unregistered agreement. The court evaluated the complexities of the FIR, noting that the complainant's claims were ambiguous and involved dealings with the actual property owner. The court found no compelling reason to deny bail, emphasizing the importance of the principle that bail is typically granted unless specific prohibitory conditions are met. This case highlights key aspects of bail law, cheque dishonour implications, and the necessity for clear legal agreements in property transactions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID HAMEED DAR, JUSTICE
|
| Lawyers |
Muhammad Saeed Ansari,
Rana Tasawar Ali Khan,
Ch. Irshad Ullah Chattha
|
| Petitioners |
Shabbir Ahmad
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2018 SLD 937,
2018 YLR 459
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
489-F
|