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2020 SCMR 861

Abdul Ghafoor Gondal vs The State through P.G. Punjab and another

Citation2020 SCMR 861
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 51 of 2020
Date2020-02-10
Judge(s)Qazi Faez Isa, Sardar Tariq Masood
ResultBail confirmed

ORDER

Qazi Faez Isa, J. On 27th January 2020 notice was issued in respect of pre-arrest bail sought in respect of an offence under section 489-F of the Pakistan Penal Code ("P.P.C.") which was registered through FIR No.436/19 at Police Station City Kamonki, District Gujranwala on 28th August 2019.

2. The learned counsel for the petitioner states that the Bank's witness in his statement under section 161 of the Code of Criminal Procedure ("the Code ") has stated that the signature on the said cheque does not match with the petitioner's signature in Bank's record. He further states that the FIR was lodged after an inordinate delay of five years and no plausible explanation for the said delay has been given in the FIR. He states that under the circumstances it is a clear case of malicious and mala fide FIR and the petitioner is entitled to pre-arrest bail to protect him from undue harassment and humiliation.

The learned counsel for the complainan t has not been able to satisfactorily controvert the points raised by the learned counsel for the petitioner . The case is one of further enquiry and the probability of humiliating the petitioner and by belatedly lodging of FIR cannot be ruled out at this stage. Therefore, under the circumstances, the ad interim pre-arrest bail already granted by this Court vide order dated 27th January 2020 is hereby confirmed.

Consequently , this petition is converted into an appeal and allowed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 3 cases

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