| Case ID |
f62c47a9-7be4-4fe9-a281-a9165bb9e995 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 16991-B of 2012 |
| Decision Date |
Dec 07, 2012 |
| Hearing Date |
|
| Decision |
The petition for bail filed by Sardar Bahadar Mughal was dismissed due to the nature of the charges against him, which involved the issuance of dishonored cheques under section 489-F of the Penal Code. The court noted that the accused was involved in multiple similar cases and had been delaying the trial process. The judge emphasized that granting bail in non-bailable offenses is a concession and not a right, especially for habitual offenders. The dismissal was based on the lack of merit in the petition and the accused's previous involvement in similar offenses. |
| Summary |
In the case of Sardar Bahadar Mughal v. The STATE, heard by the Lahore High Court, the petitioner sought post-arrest bail concerning allegations of dishonestly issuing cheques under section 489-F of the Penal Code. The court highlighted the serious nature of non-bailable offenses and the fact that the petitioner had a history of similar allegations, which contributed to the refusal of bail. The court reinforced that the delay in trial proceedings was partly caused by the petitioner's counsel, who failed to appear for cross-examination. The decision underscored the principles governing bail in non-bailable offenses, emphasizing the discretionary nature of bail and the necessity for compelling reasons to grant it. This case serves as a significant reference for issues surrounding bail applications, habitual offenders, and the importance of timely judicial processes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAGHEER AHMAD QADRI, J
|
| Lawyers |
Mian Imam Bakhsh,
Muhammad Naeem Sheikh, Deputy Prosecutor-General,
Pir Syed Anwer-ul-Hassan Gallani
|
| Petitioners |
Sardar Bahadar Mughal
|
| Respondents |
The STATE,
another
|
| Citations |
2013 SLD 2681,
2013 YLR 1603
|
| Other Citations |
Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708,
Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488,
Shameel Ahmed v. The State 2009 SCMR 174
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
489-F
|