2020 Y L R Note 22
[Lahore (Bahawalpur Bench)]
A latest judgment of Honable Lahore High Court Regarding For Lawyers In Grant Of Bail In Case Of Bounce Of Cheque.
S. 497—Penal Code (XLV of 1860), S.489-F—Dishonestly issuing a cheque—Bail, grant of—Delayed FIR—Documentary evidence—Scope—Accused was alleged to have drawn a cheque in favour of the complainant, which on presentation before the concerned Bank was dishonoured—First Information Report was registered after delay for which no explanation was mentioned—Case against accused was entirely reliant on documentary evidence which admittedly was in the possession of the prosecution and clearly there was no possibility of the accused tampering with the same—Petition for grant of bail was allowed and
the accused was admitted to post-arrest bail. Grant of bail is a procedural relief which has nothing to do with the final decision of the trial.
—-S. 497—Penal Code (XLV of 1860), S. 489-F—Dishonestly issuing a cheque—Bailable offence—Charge of heavy amount—Scope—Liberty of accused, who is otherwise found entitled to the concession of bail, cannot be curtailed on the ground of the charge being of heavy amount—Maximum sentence which can be executed upon the accused remains to be three years, if the case is proved-Case under S. 489-F, P.P.C. does not fall within the prohibitory clause of S.497(2), Cr.P.C.—Grant of bail in such cases is a rule and its refusal is an exception. Bail Documentary evidence–Scope—Court lean favourably in granting bail, when the case is dependent upon documentary evidence and the same is in possession of the prosecuting agency.