Dishonestly issuing a cheque

Citation Name : 2017 PCrLJ 130 PESHAWAR-HIGH-COURT
Side Appellant : NASIR KHAN
Side Opponent : QASIM KHAN
S. 497---Penal Code (XLV of 1860), Ss.324 & 34---Attempt to commit qatl-i-amd---Bail, refusal of---Co-accused had been acquitted by the Trial Court---Accused, who went abroad after more than two months of registration of case and house search, remained absconder wilfully for a considerable long period of four years; and after acquittal of his co-accused, he surrendered himself---Accused who absconded after the occurrence for noticeable period, would not be invariably entitled to bail merely because his co-accused had been acquitted in the case---Evidence recorded in ABSENCE OF ACCUSED , could not be taken into consideration, either at bail stage, nor during trial; as the fate of accused would be decided on the evidence recorded in his presence---Accused was directly charged in the FIR by the complainant---Injury, which resulted into amputation of right foot of the complainant above his ankle; recoveries of two empties from the side of accused; motive and ocular account of eye-witness, supported the complainant's version for commission of offence by accused, which offence fell within the prohibitory clause of S.497, Cr.P.C.---Investigation in the case was complete, and trial was ready for commencement in the near future---Reasonable grounds existed for believing that accused had committed the offence---Petition for grant of bail, stood dismissed, in circumstances.

Citation Name : 2017 MLD 1791 PESHAWAR-HIGH-COURT
Side Appellant : RAFIQ-UR-RAHMAN
Side Opponent : State
S.497---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Court of Session had cancelled the bail granted to accused by the Magistrate---Order of cancellation of bail was passed in ABSENCE OF ACCUSED and there was nothing on record to show that accused was ever summoned or his sureties were put on notice---Cancellation of bail by the court of session was not proper in the ABSENCE OF ACCUSED ---Order accordingly.