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Dishonestly Issuing a Cheque Case Laws 2016 PLD 171

2016 PLD 171 Judgment Dishonestly Issuing a Cheque

2016 PLD 171 Judgment: S. 498—Penal Code (XLV of 1860), S. 489-F —Dishonestly issuing a cheque—Pre-arrest bail, grant of—Grounds—Pre-arrest bail granted by High Court on the ground that offence under S.489-F , P.P.C. did not entail any recovery to be affected from the accused person, and if recovery was not to be affected from accused in a criminal case then he could not be refused pre-arrest bail—Legality—Such generalization/ approach adopted by the Judge-in-Chamber of the High Court could not be approved as it militated against the scheme of Criminal Procedure Code, 1898 because arrest of an accused person during investigation of a criminal case was not meant only for affecting recovery from his possession but such arrest was made for the purpose of investigating the circumstances of the case and collecting evidence and recovery, where required, was only one of the components of the investigation—

While investigating an offence physical custody of an accused person may be required by the investigating agency for ascertaining and verifying the circumstances being alleged by the complainant party and even for confirmation of the circumstances of the case put forth and advanced by the accused person in his defence—Supreme Court remanded the case to the High Court for a fresh decision on the pre-arrest bail application filed by accused on the merits of the case, and directed that till a fresh decision on the matter, the accused shall remain on ad interim pre-arrest bail, which may or may not be confirmed by the High Court depending upon the final decision of the matter on merits.

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