| Case ID |
13cdc6b7-cf99-4886-a929-098f3801c910 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 564-B of 2012 |
| Decision Date |
Jan 24, 2012 |
| Hearing Date |
|
| Decision |
The court accepted the bail petition of Mushtaq Ahmed, the petitioner, who was seeking post-arrest bail for an offence under section 489-F of the Penal Code. The court noted that the FIR indicated that the dishonoured cheque was given in the context of a business deal, but there was no documentary evidence to support this claim. The court emphasized that the alleged dishonest intention of the petitioner could only be determined after recording evidence. Given that the petitioner had been in jail for over three months without any progress in his trial, and the offence charged did not fall within the prohibitory clause of section 497 of the Criminal Procedure Code, the court ruled in favor of granting bail. The petitioner was required to furnish a bail bond of Rs. 100,000 with one surety to the satisfaction of the trial court. |
| Summary |
In the case of Mushtaq Ahmed vs The STATE, the Lahore High Court addressed the issue of bail concerning an offence under section 489-F of the Penal Code, which relates to the dishonestly issuing of cheques. The petitioner, Mushtaq Ahmed, argued that he was wrongfully implicated and maintained his innocence, emphasizing the lack of any documentary evidence to substantiate the claims made in the FIR regarding a business transaction. The court evaluated the circumstances, including the duration of the petitioner's detention without trial progress, and concluded that the case fell under section 497(2) of the Criminal Procedure Code, which allows for bail in cases of further inquiry. The ruling underscored the principle that bail is typically granted in such situations unless compelling reasons exist to deny it. This decision is significant in reinforcing the rights of individuals to secure bail when faced with charges where evidence is lacking or where prolonged detention occurs without trial. The case highlights the importance of judicial discretion in bail proceedings and the need for a fair assessment of the evidence presented. Keywords: bail, Criminal Procedure Code, Penal Code, dishonestly issuing a cheque, Lahore High Court, Mushtaq Ahmed. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ANWAARUL HAQ, J
|
| Lawyers |
Naseem Ullah Khan Niazi,
Ch. Muhammad Akram Tahir,
Basharat Hussain
|
| Petitioners |
Mushtaq Ahmed
|
| Respondents |
The STATE,
another
|
| Citations |
2013 SLD 2372,
2013 YLR 435
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
489-F
|