| Case ID |
2691fee1-63dd-4aa0-8cf1-f5264b442686 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 983-B of 2005 |
| Decision Date |
Apr 28, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted pre-arrest bail to the petitioner, confirming interim bail previously granted. The basis for this decision was that the petitioner and complainant were business partners who had parted ways, and the subject matter of the FIR related to financial accounts. The investigating officer reported that no cognizable offense had occurred within jurisdiction. The court noted the existence of a civil dispute in the UAE and acknowledged the petitioner's status as a businessman with no criminal record. The court emphasized that the purpose of pre-arrest bail is to protect individual liberty and reputation, especially in cases where facts are suspicious. The court allowed the application and confirmed bail subject to the petitioner furnishing fresh surety bonds. |
| Summary |
This case revolves around the application for pre-arrest bail filed by Jaffar Ali Alvi in the Lahore High Court. The dispute arose from financial disagreements between business partners, leading to the registration of an FIR under section 489-F of the Pakistan Penal Code for dishonored cheques. The court found that the allegations were primarily civil in nature, stemming from prior business dealings in the UAE, and emphasized the importance of protecting individual liberty against unjust accusations. The ruling underscored the high threshold for denying bail and reiterated that the benefit of doubt should always favor the accused in ambiguous circumstances. This case highlights the intersection of business disputes and criminal law, showcasing how courts navigate claims of mala fide actions in financial matters. The decision aligns with legal principles prioritizing individual rights over procedural expediency, thereby ensuring justice in financial disputes that may be misconstrued as criminal. Key terms include 'pre-arrest bail', 'Pakistan Penal Code', 'dishonored cheques', and 'business partnership disputes'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SHABBAR RAZA RIZVI, J
|
| Lawyers |
Sardar Muhammad Latif Khan Khosa,
Dr. Z. Babar Awan,
Tanvir Iqbal,
Aslam
|
| Petitioners |
JAFFAR ALl ALVI
|
| Respondents |
THE STATE
|
| Citations |
2006 SLD 551,
2006 PLD 491
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
489F,
188
|