1899/2021 Cr.Bail FARAZ TASNEEM S/O TASNEEM UR RASHEED (Applicant) V/S THE STATE (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
1899/2021 Cr.Bail FARAZ TASNEEM S/O TASNEEM UR RASHEED (Applicant) V/S THE STATE (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 07-JAN-22
Primarily, in bail matters, it is the discretion of every Court to grant the bail, but such discretion should not be arbitrary, fanciful, or perverse, as the case in hand begs a question as to what constitutes an offense under section 489-F, P.P.C. Every transaction where a cheque is dishonored may not constitute an offense. The foundational elements to constitute an offense under this provision are the issuance of a cheque with dishonest intent, the cheque should be towards repayment of a loan or fulfillment of an obligation, and lastly that the cheque in question is dishonored.