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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: RIAZ JAFAR NATIQ VS Respondent: MUHAMMAD NADEEM DAR and others
Court Name: Supreme Court of Pakistan Judge(s): Mian Saqib Nisar, Asif Saeed Khan Khosa Title: RIAZ JAFAR NATIQ vs MUHAMMAD NADEEM DAR and others Case No.: Criminal Petition No, 347-L of 2011 Date of Judgment:2011-06-08 Reported As: 2011 SCMR 1708 Result: Bail allowed
JUDGMENT
JUDGMENT ' MIAN SAQIB NISAR, J.---The petitioner has been arrested in case F.I.R. No, 1107 registered under section 489-F, P.P.C. On 23-8-2010 at Police Station Qila Gujar Singh, Lahore for dishonour of cheque amounting to Rs,2,00,00,000. He was arrested in this case on 8-10-2010; the challan according to Additional Prosecutor-General, has already been submitted on 10-10-2010. The maximum sentence under section 489-F, P.P.C. Is three years. The case does not fall within the prohibitory clause. The petitioner is behind the bars since last eight months and he is not required by the police for the purposes of investigation at this stage. Beside that the petitioner is a diabetic and is a patient of ulcer and a report in this regard is available on the record. 2. Thus keeping in view the law laid down in the case of Zafar Iqbal v. Muhammad Anwar and others (2009 SCM R 1488) ordaining that where a case falls within non-prohibitory clause the concession of granting bail must be favourably considered and should only be declined in exceptional cases. We do not find this to be a case where it should be refused as an exception. Thus, this petition is converted into an appeal and the same is allowed and, resultantly, the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs, 1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.
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