476/2018 Cr.Bail MST. RUDAB BIBI D/O SYED AKBAR ALI SHAH (Applicant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 06-JUN-18
Criminal Procedure Code (V of 1898)--- ----S.497(1), first proviso---Penal Code (XLV of 1860), Ss.406 & 489-F---Criminal breach of trust, dishonestly issuing cheque---Bail, grant of---Accused, a lady---Statutory concession for accused lady---Scope---Burden of proof---Scope---Complainant had alleged that he, along with his near ones, invested a huge money with the firm of accused (lady) through her frontman---Later on, complainant came to know, the accused had defrauded and cheated many persons through her frontmen including her fiancee---When invested amount was demanded, accused issued many cheques and agreement was also signed by her frontman---Two cheques were dishonoured on presentation--- Validity--- Accused (lady) was nominated in the FIR and two dishonoured cheques of Rs. 3,26,94,200/- signed by her, was mentioned in the FIR---Assertion of the accused was immaterial that said cheques were not given by her to the complainant but by the co-accused (frontman) as burden of proof under S.489-F, P.P.C. was on the accused and not on the prosecution---Burden of proof of honestly issuing cheques being on the lady, therefore, the amount, for which allegedly cheques were issued, had to be secured---Accused could be admitted to bail on ground of statutory concession to her in terms of first proviso to S. 497, Cr.P.C and also that the punishment was only three years, therefore, the accused was admitted to bail subject to furnishing solvent surety in the sum of Rs. 3,26,94,200/- and PR bond in the like amount to the satisfaction of Trial Court---Bail was granted to accused accordinglyFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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