| Case ID |
10b1650a-11a8-4f96-b4b3-6ddc4db8eebc |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1681/B of 2012 |
| Decision Date |
Oct 31, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court confirmed the ad interim pre-arrest bail of the petitioner, Mst. Rubina Qureshi, in a case registered under section 489-F of the Pakistan Penal Code. The court noted that the underlying dispute regarding the dishonoured cheque was of a civil nature, stemming from an agreement to sell. The petitioner argued that the cheque was issued as a guarantee, a fact acknowledged by the complainant in previous agreements. Given the complexities of the case and the pending civil suits, the court found that the matter was not suitable for criminal prosecution at this stage. The petitioner, being a lady, was afforded protections under section 497(1) of the Criminal Procedure Code, which also contributed to the decision to grant bail. |
| Summary |
In the case of Mst. Rubina Qureshi vs. The State, the Lahore High Court dealt with the issue of pre-arrest bail regarding a cheque dishonoured due to insufficient funds. The petitioner, Mst. Rubina Qureshi, contended that the cheque was issued as a guarantee in connection with a sale agreement. The court observed that there were multiple agreements between the petitioner and the complainant, which complicated the issue. The court emphasized that the dispute was fundamentally civil and should be resolved in the civil courts where related suits were already pending. The decision to grant bail was influenced by the nature of the allegations and the protections offered to female defendants under the law. This case highlights the intersection of criminal law and civil disputes, particularly in financial matters involving cheque issuance. The court's ruling underscores the importance of assessing the context of agreements and the intentions behind financial instruments like cheques. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID HAMEED DAR
|
| Lawyers |
Arif Majeed,
Abdul Wahid Babar
|
| Petitioners |
MST. RUBINA QURESHI
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2013 SLD 1317,
2013 MLD 874
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
489-f
|