| Case ID |
450766c6-fba7-44bd-a2b5-ea4c97c65f72 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 3105/B of 2011 |
| Decision Date |
May 20, 2011 |
| Hearing Date |
|
| Decision |
The petitioner, Mirza Farhan Baig, sought post-arrest bail in a case under section 489-F of the Penal Code. The allegations included that he issued a cheque for Rs. 2.2 million which bounced due to insufficient funds. The court found that the petitioner had been allegedly abducted by the complainant and that a written message had been recovered supporting his claim. The Investigating Officer's opinion indicated that the petitioner was not responsible for the crime, leading to the conclusion that further inquiry was necessary. Bail was granted on the grounds that it should not be withheld as a form of punishment, and the petitioner was released upon furnishing surety bonds. |
| Summary |
In the case of Mirza Farhan Baig vs. The State, the Lahore High Court dealt with a petition for post-arrest bail involving allegations of dishonestly issuing a cheque under section 489-F of the Penal Code. The petitioner claimed he was falsely implicated due to a conspiracy, asserting he had been abducted, which hindered his ability to manage his financial affairs. The court assessed the credibility of the Investigating Officer's findings, which suggested that the petitioner was not culpable for the cheque bouncing incident. The court emphasized the importance of not using bail as a punitive measure and ultimately granted bail, allowing the petitioner to contest the charges against him without being incarcerated during the investigation phase. This case highlights key legal principles regarding bail, the rights of the accused, and the investigative process within the criminal justice system. Relevant laws include the Criminal Procedure Code and the Penal Code, which outline the framework for handling such cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Shahid Hameed Dar
|
| Lawyers |
Qazi Misbah-ul-Hassan,
Mian Muhammad Awais Mazhar,
Muhammad Adeel Yaqoob
|
| Petitioners |
Mirza Farhan Baig
|
| Respondents |
THE STATE,
|
| Citations |
2011 SLD 6625,
2011 PCRLJ 1395
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
489-F
|