Talaq Certificate Case Laws

Citation Name : 2014 PLD 494 LAHORE-HIGH-COURT-LAHORE

Side Appellant : ALMAS MUBASHAR

Side Opponent : MUBASHAR HANIF

Ss. 3(1) & 7---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Constitution of Pakistan. Art.199---Constitutional petition---Notice of divorce---issuance of certificate of effectiveness of divorce---Contention of petitioner-wife was that she contracted marriage with the respondent-husband, however, rukhsati did not take place and notice of divorce issued by the respondent-husband from abroad was not as per law and thereafter, arbitration proceedings were not conducted properly by the Administrator Union Council as neither the respondent-husband himself appeared nor any arbitrator appeared on his behalf for reconciliation proceedings---Validity---Respondent-husband had not denied the execution of the divorce deed/notice of talaq , therefore, the provisions of Art.79 of the Qanun-e-Shahadat, 1984 were not attracted, particularly when the petitioner-wife herself admitted the receipt of divorce deed---issuance of certificate of talaq was a technicality which did not find mention in the provisions of Muslim Family Laws Ordinance, 1961 and talaq became effective automatically after 90 days from receipt of notice of talaq by the Nazim/Administrator of the Union Council---As per Injunctions of Islam, the right of divorce had been conferred upon man who could give divorce to his wife at any time and no encumbrance was put upon the man to give divorce to his wife though the same was one of the things most disliked by God---Constitutional petition was dismissed.

Transgender Persons (Protection of Rights) Act,2018

Passed on 7th March, 2018.

[AS PASSED BY THE SENATE]

BILL

to provide for protection, relief and rehabilitation of rights of the transgender persons and their welfare and for matters connected therewith and incidental thereto;

WHEREAS it is expedient to provide for protection, relief and rehabilitation of rights of the transgender persons and their welfare and for matters connected therewith and incidental thereto;

It is hereby enacted as follows: -

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement. –

(1) This Act may be called the

Transgender Persons (Protection of Rights) Act, 2018.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.- (1) In this Act, unless there is anything repugnant in the subject or context,-

(a) “Act” means the Transgender Persons (Protection of Rights) Act,2018;

(b) “CNIC” means Computerized National Identity Card;

(d) “CRC” means Child Registration Certificate or B-Form;

(e) “Gender expression” refers to a person’s presentation of their

gender identity, and/or the one that is perceived by others;

(f) “Gender identity” means a person’s innermost and individual sense

of self as male, female or a blend of both or neither; that can

correspond or not to the sex assigned at birth;

(g) “Government” means the Federal Government;

(h) “Harassment” includes sexual, physical, mental and psychological harassment which means any aggressive pressure or intimidation intended to coerce, unwelcome sexual advance, request for sexual

favors or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with living, mobility or work performance or creating an intimidating, hostile or offensive work or living environment including the attempt to punish the complainant for refusal to comply with such requests or to bring forth the complaint;

(i) “NADRA” means the National Database and Registration Authority;

(j) “Notification” means a notification published in the Gazette;

(k) “PMDC” means Pakistan Medical and Dental Council made under the PMDC Ordinance, 1962;

(l) “Prescribed” means prescribed by rules made by the Government under this Act;

(m) “Rules” means the rules made under this Act; and

(n) “Transgender Person” is a person who is:-

(i) Intersex (Khunsa) with mixture of male and female genital features or congenital ambiguities; or

(ii) Eunuch assigned male at birth, but undergoes genital excision or castration; or

(iii) a Transgender Man, Transgender Woman, KhawajaSira or any person whose gender identity and/or gender expression differs from the social norms and cultural expectations based on the sex they were assigned at the time of their birth.

(2) A word or expression not defined in the Act shall have the same meaning as assigned to it in the Code of Criminal Procedure, 1898 or Pakistan Penal Code, 1860 (XLV of 1860).

CHAPTER II

RECOGNITION OF IDENTITY OF TRANSGENDER PERSON

3. Recognition of identity of Transgender Person. –

(1) A transgender person shall have a right to be recognized as per his or her self-perceived gender identity, as such, in accordance with the provisions of this Act.

(2) A person recognized as transgender under sub-section (1) shall have a right to get himself or herself registered as per self-perceived gender identity with all government departments including, but not limited to NADRA.

(3) Every Transgender Person, being the citizen of Pakistan, who has attained the age of eighteen years shall have the right to get himself or herself registered according to self-perceived gender identity with NADRA on the CNIC, CRC, Driving Licence and Passport in accordance with the provisions of the NADRA Ordinance, 2000 or any other relevant laws.

(4) A Transgender Person already issued CNIC by NADRA shall be allowed to change the name and gender according to his or her self-perceived identity on the CNIC, CRC, Driving Licence and Passport in accordance with the provisions of the NADRA Ordinance, 2000.

CHAPTER III

PROHIBITION OF CERTAIN ACTS

4. Prohibition against discrimination. – No person shall discriminate against a transgender person on any of the following grounds, namely:-

(a) the denial of, or discontinuation of, or unfair treatment in, educational institutions and services thereof;

(b) the unfair treatment in, or in relation to, employment, trade or occupation;

(d) the denial of, or discontinuation of, or unfair treatment in healthcare services;

(e) the denial of, or discontinuation of, or unfair treatment with regard to, access to, or provision or enjoyment of use of any goods, accommodation, service, facility, benefit, privilege or opportunity

dedicated to the use of general public or customarily available to the public;

(f) the denial of, or discontinuation of, or unfair treatment with regard to right to movement, safe travel, and use of public facilities of transportation;

(g) the denial of, or discontinuation of, or unfair treatment with regard to the right to reside, sale/purchase, rent or otherwise occupy, inherit any movable and immovable property;

(h) the denial of, or discontinuation of, or unfair treatment in, the opportunity to stand for or hold public or private office; or

(i) the denial of access to, removal from, or unfair treatment in, government or private establishment, organizations, institutions, departments, centers in whose care, custody or employment a

transgender person may be.

5. Prohibition against Harassment. - Harassment of Transgender Persons, as defined in this Act, both within and outside the home, based on their sex, gender identity and/or gender expression is prohibited.

CHAPTER IV

OBLIGATIONS BY THE GOVERNMENT

6. Obligations of the Government. – The Government shall take steps to secure full and effective participation of transgender persons and their inclusion in society, namely: –

(a) Establish Protection Centers and Safe Houses to ensure the rescue, protection and rehabilitation of Transgender Persons in addition to providing medical facilities, psychological care, counselling and adult education to the Transgender Persons;

(b) Establish separate prisons, jails, confinement cells, etc for the transgender persons involved in any kind of offence or offences;

(c) Institute mechanisms for the periodic sensitization and awareness of the public servants, in particular, but not limited to, law enforcement agencies and medical institutions, relating to the issues involving the Transgender Persons and the requirement of protection and relief of such persons;

(d) Formulate special vocational training programmes to facilitate, promote and support livelihood for Transgender Persons;

(e) Encourage Transgender Persons to start small business by providing incentives, easy loan schemes and grants; and (f) Take any other necessary measures to accomplish the objective of this Act.

CHAPTER V

PROTECTION OF RIGHTS OF TRANSGENDER PERSONS

7. Right to Inherit. – (1) There shall be no discrimination against Transgender Persons in acquiring the rightful share of property as prescribed under the law of inheritance.

(2) The share of Transgender Persons shall be determined as per the gender declared on CNIC in accordance with the law of inheritance in Pakistan.

(3) The share of inheritance for transgender persons will be as follows:

(i) For Transgender Male, the share of inheritance will be that of man;

(ii) For Transgender Female, the share of inheritance will be that of

woman;

(iii) For person who has both male and female or ambiguous characteristics, such as their state is difficult to determine upon birth, following shall apply:-

(a) Upon reaching the age of 18 years, if the person’s self-perceived gender identity is Transgender Male, the share of inheritance will be that of man;

(b) Upon reaching the age of 18 years, if the person’s self-perceived gender identity is Transgender Female, the share of inheritance will be that of woman;

(c) Upon reaching the age of 18 years, if the person’s self-perceived gender identity is neither Transgender Man nor Transgender Woman, the share of inheritance will be an average of two separate distributions for a man and a woman; and

(d) Below the age of eighteen years, the gender as, determined by medical officer on the basis of predominant male or female features.

8. Right to Education.– (1) There shall be no discrimination against Transgender Persons in acquiring admission in any educational institutions, public or private, subject to fulfilment of the prescribed requirements.

(2) All educational institutions shall provide education and opportunities for sports, recreation and leisure activities without any discrimination, and on an equal basis with others.

(3) The Government shall take steps to provide free and compulsory education to Transgender Persons as guaranteed under Article 25A of the Constitution of the Islamic Republic of Pakistan, 1973.

(5) It is unlawful for an institution whether private or public, to discriminate against a person on the ground of person’s sex, gender identity and/or gender expression, including but not limited to:

(a) in determining who should be offered admission; or

(b) in the terms or conditions on which admission is offered; or

(c) by denying the person’s access, or limiting the person’s access, to opportunities, training or to any other positive externalities associated with the education; or

(d) by denying access to appropriate student facilities based on a person’s sex, gender identity and/or expression.

9. Right to employment.– (1) The Government must ensure the right to enter into any lawful profession or occupation, and to conduct any lawful trade or business for the Transgender Persons as guaranteed under Article 18 of the Constitution of the Islamic Republic of Pakistan, 1973.

(2) No establishment, institution, department, organization, shall discriminate against any transgender person in any matter relating to employment including, but not limited to, recruitment, promotion, appointment, transfer and other related issues.

(3) It shall be unlawful for an employer to discriminate against an employee on the ground of their sex, gender identity and/or gender expression:

(a) in determining who should be offered employment; or

(b) in the terms or conditions on which employment is offered; or

(c) by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or

(d) by dismissing the employee; or

(e) by subjecting the employee to any other detriment.

10. Right to Vote. – No Transgender Person shall be deprived of their right to cast a vote during national, provincial and/or local government elections: Provided that the access to polling stations shall be determined according to the gender declared on the CNIC of a Transgender Person.

11. Right to hold public office. –

(1) There shall be no discrimination on the basis of sex, gender identity and/or gender expression for Transgender Persons if they wish to contest election to hold public office.

12. Right to Health. – The Government shall take the following measures to ensure non-discrimination in relation to Transgender Persons, namely: –

(a) to review medical curriculum and improve research for Doctors and nursing staff to address specific health issues of Transgender Persons in cooperation with PMDC;

(b) to facilitate access by providing an enabling and safe environment for Transgender Persons in hospitals and other healthcare institutions and centers;

13. Right to assembly. – (1) The Government must ensure the freedom of assembly for Transgender Persons in accordance with Article 16 of the Constitution of the Islamic Republic of Pakistan, 1973.

(2) The Government must take steps to ensure appropriate safety measures for Transgender Persons.

(3) No discrimination shall be made on the basis of person’s sex, gender identity and/or gender expression subject to reasonable restrictions imposed by law in the interest of public order.

14. Right of access to public places. –

(1) No Transgender person shall be denied access to public places, places of entertainment or places intended for religious purpose solely on the basis of their sex, gender identity and/or gender expression.

(2) The Government must ensure Transgender Persons access to public places in view of Article 26 of the Constitution of the Islamic Republic of Pakistan, 1973.

(3) It shall be unlawful to prevent Transgender Persons to access facilities available for access of general public and public places mentioned in sub-section (1).

15. Right to property. – (1) No Transgender Person shall be denied right to purchase, sell, rent or lease property, household or tenancy on the basis of sex, gender identity and/or gender expression.

(2) It shall be unlawful to discriminate any Transgender Person with regards to renting, subletting or tenancy on the basis of their sex, gender identity and/or gender expression.

16. Guarantee of Fundamental Rights. – (1) In addition to rights mentioned in this chapter, Fundamental Rights mentioned in Chapter I, Part II of the Constitution of the Islamic Republic of Pakistan, 1973 shall be available unequivocally for every Transgender Person.

(2) It shall be the duty of the Government to ensure that the fundamental rights mentioned in sub-section (1) are protected and there shall be no discrimination for any person on the basis of sex, gender identity and/or gender expression.

17. Offences and Penalties.- (1) Whoever, employs, compels or uses any transgender person for begging shall be punishable with imprisonment which may extend to six months or with fine which may extend to fifty thousand rupees or with both.

CHAPTER VI

ENFORCEMENT MECHANISM

18. Enforcement Mechanism. – In addition to the remedies available under the Constitution or Pakistan Penal Code 1860, Code of Criminal Procedure, 1898 or the Code of Civil Procedure 1908, the aggrieved transgender person shall have a right to move a complaint to the, Federal Ombudsman, National Commission for Status of Women and National Commission of Human Rights (NCHR) if any of the Rights guaranteed herein are denied to him or her.

CHAPTER VII

MISCELLANEOUS

19. Act having over-riding effect to any other law.– The provisions of this Act shall have an over-riding effect on any other law for the time being in force.

20. Power of Government to make rules.– The Government may, by notification, make rules for carrying out the purposes of this Act.

21. Power to remove difficulties.– If any difficulty arises in giving effect to the provisions of this Act, the Government may make such order or give such directions, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.

STATEMENT OF OBJECTS AND REASONS

Transgender people constitute one of the most marginalized communities in the country and they face problems ranging from social exclusion to discrimination, lack of education facilities, unemployment, lack of medical facilities and so on. The Supreme Court of Pakistan passed a ruling in 2009 stating that no Pakistani laws provide room to disenfranchise “eunuchs” from their fundamental rights. Though Article 25 of the Constitution of the Islamic Republic of Pakistan guarantees to all citizens equality before law, clause (1) of Article 26 and clause (1) of Article 27, inter alia prohibit, in explicit terms, discrimination on the basis of sex and Article 19 ensures freedom of speech and expression to all citizens, yet the discrimination and atrocities against Transgender Persons continue to take place.

The Transgender Persons (Protection of Rights) Bill, 2017 seeks to:

(i) define a Transgender Person;

(ii) prohibit discrimination against Transgender Persons;

(iii) confer right upon Transgender Persons to be recognised as such, and a right to self-perceived gender identity;

(iv) provide that no establishment shall discriminate against Transgender Persons in matters relating to employment, recruitment, promotion, education and other related issues; and

(v) provide for welfare measures by the Government for Transgender Persons.

The Bill seeks to achieve the above objects.

SENATOR RUBINA KHALID

SENATOR RUBINA IRFAN

SENATOR SAMINA SAEED

SENATOR KALSOOM PARVEEN

SENATOR KARIM AHMED KHAWAJA

MEMBERS-IN-CHARGE

Citation Name : 2008 YLR 2267 LAHORE-HIGH-COURT-LAHORESide Appellant : Mst. KANEEZ FATIMASide Opponent : JUDGE FAMILY COURT, RAWALPINDI

Ss. 5, Sched. & 17---Constitution of Pakistan (1973), Art.199---Constitutional petition---Consolidated suit for dowry articles, maintenance and dower amount etc.---Maintainability---Plaintiff who had been divorced by the defendant had filed a consolidated suit for dowry articles, maintenance and dower amount against defendant/ex-husband---Suit was resisted by defendant contending that collective claims regarding maintenance, dower and dowry articles could only be filed in a suit for dissolution of marriage and not otherwise---Contention of defendant was repelled by Family Court---Validity---Family Court had rightly observed that while inserting S.17 in West Pakistan Family Courts Act, 1964 by the Legislature, wife had been facilitated to consolidate her claim as provided by law in one suit---Plaintiff having already been divorced by the defendant, had no other option, but to file a collective suit regarding her claim---Even otherwise if the independent suits were filed, Family Court would have no option, but to consolidate the same---Family Court had been given powers to regulate its own proceedings, in the interest of justice, if the situation so required---Constitutional petition filed against an interim order passed by the Family Court, was not maintainable and was dismissed.

O 1 R 10
The Court may at any stage of the proceedings either upon or without the application of either party and on such terms as may appear to the Court to be just, order that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely, to adjudicate upon and settle all the questions involved in the suit, be added.

Only necessary or proper parties can be added. Not any other parties.
A 1951 M 665, A 1934 N 228

Persons indirectly or remotely interested are not necessary or proper parties.
1996 SCMR 781, 1996 CLC 678, P 1972 L 169, A 1941 FC 16, A 1943 A 289, 20 IC 658, 1996 CLC 456, P 1996 K 467, A 1918 PC 49

Trial should not be embarrassed by simultaneous investigation of unconnected controversies.
11 SWR 23 FB

Persons who have no interest should not be added.
PLJ 1975 SC 345, 2004 CLC 1567, 1994 MLD 1489, A 1937 M 200, A 1929 B 353,

Persons cannot be added as parties to add a new cause of action which does not concern the plaintiff at all.
PLJ 1985 SC 461, 1999 CLC 2077, 1992 CLC 700, 1984 CLC 286, 1979 CLC 891,

A person who has a champertous interest in litigation should not be added.
2004 MLD 1395, 1996 CLC 678, 1996 SCMR 781
Parties cannot be added after decree is drawn up.
A 1924 M 648

Mere fact that a person may, by some chance, become interested in claiming property adversely to plaintiffs is no ground for his being so impleaded because that would necessitate importation of facts not found in suit.
NLR 1992 Civil 250

Not made party if application to prolong litigation.
1992 CLC 1432

Not made party if application suffering from inordinate delay.
NLR 1992 AC 204, 1989 SCMR 1589, PLD 1980 Lah 804

Where rights of parties could be effectively determined in suit without impleading any other party and claim of parties inter se arose out of contractual obligation to which party sought to be impleaded was not a party, impleading of same would be neither necessary nor proper.
1988 CLC 2014

Cancellation of Bail by Supreme Court

i) Grant of Bail

PLD 1996 SC 241 (b)

ii) Once Bail is granted by a Court of competent jurisdiction then strong & exceptional grounds would be required for cancellation thereon.
PLD 1995 SC 34 (e)

iii) The words used in Sec. 497(1) & Sec. 497(5) Cr. P.C. are different in as much as the word “shell” in Sec. 497(1) Cr. P.C & word ‘may’ in Sec. 497(5) Cr. P.C. The discretion left in the Court u/s. 497(5) Cr. P.C was pari materia with the principles which apply to the setting aside of the orders of acquittal.

1992 SCMR 1286

iv) The orders passed by High Court in the present case are not based on fanciful & arbitrary grounds.
1976 SCMR 286
1978 SCMR 346

I. GRANT OF BAIL: DISCRETION OF HIGH COURT

Supreme Court would not interfere in the discretion of High Court in Bail matter unless the order involves some violation of law.

PLD 1997 SC 545 (h)
1987 SCMR 432
2002 P Cr.L.J 1106: SC (A J & K)

Order of Bail passed in judicial discretion would not be interfered unless arbitrary or departed from settled principles of law.

PLD 1987 Sh. C (A J & K) 63
1987 SCMR 879

Proper exercise of discretion by High Court. Supreme Court would not interfere.

1986 SCMR 475/1978
1990 SCMR 270
NLR 1989 SCJ 330
1979 SCMR 523
1981 SCMR 860
1994 SCMR 1064
1996 SCMR 1685

Grant or refusal of bail by HC, purely discretionary; can not lightly be interfered with.

2000 SCMR 1438
PLJ 1979 SC 202
1979 SCMR 479/19
1980 SCMR 13

SC will not interfere in the case of bail unless circumstances are of exceptional character and refusal might entail risk of grave illegality or abuse of process or gross injustice

1979 SCMR 146

Supreme Court would not interfere with exercise of discretion unless:

i) Exercised not judicially
ii) Perverse
iii) Miscarriage of Justice would result

NLR 1980 SCJ 25
1981 SCMR 504
1981 SCMR 202/394/397/504
PLD 1986 SC (A J & K) 105/31
1986 SCMR 169
PLD 1988 SC (A J & K) 148
1979 SCMR 434
2001 P Cr. L.J 1059: SC (A J & K)
PLD 1963 SC 46
PLJ 1997 SC (A J & K) 37

Administration of justice: No exception can be taken to the exercise of discretion of High Court if no violation of Fundamental nature has taken place.

1979 SCMR 146
1980 SCMR 369
PLD 1981 SC (A K & K) 10
1981 SCMR 1216/397
1982 SCMR 894
PLD 1986 SC (A J & K) 105
1987 SCMR 432
1989 SCMR 1821
1995 SCMR 1249
2003 YLR 1309 : SC (A J & K)

II. Supreme Court would not interfere, where case is of further inquiry

1994 SCMR 454
2000 SCMR 161
2002 SCMR 1415
2003 P Cr. L.J 20: SC (A J & K)

III. No fundamental error of law or procedure was committed in granting the bail.

1979 SCMR 351/362/377
1981 SCMR 894
PLD 1988 SC (A J & K) 181

IV. Issue of Cancellation of Bail must come to an end at High Court level:

1989 SCMR 1388

V. Strong And Exceptional Grounds With Proof

Once bail is granted, the prosecution should make string case for cancellation by not making allegation alone but giving substantial proof.

1994 SCMR 1283

Once Bail is granted by a Court of competent jurisdiction then strong & exceptional grounds would be required for cancellation thereon.

PLD 1995 SC 34 (e)
PLD 1996 SC 241
1996 SCMR 984
1997 SCMR 915
PLJ 1997 SC (A J & K) 349

Bail not cancelled on the statement of co-accused, where the prosecution does not show any piece of evidence directly or indirectly against the accused.

2001 SCMR 14

Bail could not be recalled in absence of cogent reason.

1979 SCMR 65

VI. MISUSE OF BAIL

Before cancellation of Bail, there should be a clear proof that privilege of bail was misused or abuse of freedom was made.

PLD 1994 SC 88
1993 SCMR 714
2004 SCMR 243
1981 SCMR 565
1985 SCMR 1528

VII. MALAFIDE

Bail will not be cancelled if the application for cancellation is

i. Mala Fide
ii. Frivolous
iii. Without any basis

1994 SCMR 1283

VIII. CIVIL SUIT IS PENDING BETWEEN THE PARTIES.

1982 SCMR 626
2001 SCMR 1412

IX. INSTANCES WHERE SC REFUSED TO CANCELL BAIL GRANTED BY
HC

Leave to appeal was refused, when bail was granted to Lady by HC in exercise of its discretion.

1999 SCMR 2622

Order granting bail does not suffer from any legal or factually infirmity.

1979 SCMR 91/438
1988 SCMR 1129
PLD 1988 SC (A J & K) 181/48
1986 SCMR 1843

Cancellation declined on the grounds of i) Old age, ii) Disease and ii) No misuse of bail privilege.

1988 SCMR 28
PLD 1983 SC 83
1987 SCMR 1522

SC declined to interfere where bail was granted on medical grounds by HC.

PLD 1966 SC 708
1981 SCMR 686

SC refused to set aside bail where without full examination of evidence is required to ascertain whether accused was falsely implicated.

1986 SCMR 1387

No overt act is attributed to accused.

1978 SCMR 32

No overt act by accused, they could not be saddled with vicarious liability

2001 P Cr.L.J 1973: SC (A J & K)

Allegations were not substantiated in investigation.

2000 SCMR 1074

Grounds for cancellation of bail already taken into account and rejected. Leave to appeal was refused.

1979 SCMR 479
1982 SCMR 205
1987 SCMR 1879

Accused if powerful, bad relations of complainant and accused or accused not surrendering to police are not consideration for setting the bail aside.

1979 SCMR 119

Cancellation of bail refused where the name of accused appear in column 2 of the Challan.

1982 SCMR 440
1984 SCMR 1378

Accused not named in F.I.R and no Identification Parade was held.

2002 SCMR 1304

After careful examination of facts HC granted bail since opposite party was already allowed bail in the counter case

2002 SCMR 201

Cancellation of bail sought on ground that accused was threatening witnesses with dire consequences- no ground for cancellation

NLR 1980 SCJ 126

SC finds no reason for canceling the bail, where the case was fixed for arguments or trial is to be commenced soon.

1989 SCMR 520
1988 SCMR 1129
PLD 1989 SC 585

Where the defense version was still to be investigated.

1989 SCMR 2028

1. 2007 PCRLJ 1492:
S.497 (5) Petition for cancellation of bail. (Bail cancels).
Bail granting order proceeded on mere technicalities and was conspicuous for the absence of any mention of respondent’s / accuser’s undertaking. Bail granted by Trial court offence under section 489-F P.P.C. did not attract the prohibitory clause of Sec 497(1) Cr P c ,but mere fact that the Prohibitory clause was not attracted, accused would not ipso facto become entitled to grant of bail.

2. 2007 PCRLJ 1064:
S.498 Petition for Pre-arrest bail (confirmed)
Offence under section 489-F PPC , though was non-bailable ,but High Court could not ignore the fact that the offence did not fall within the ambit of Prohibitory clause of Sec 497 Cr PC , and in the absence of exceptional circumstances.

3. 2007 PCRLJ 997:
Quashing of F.I.R. (Dismissed).
Most important ingredient of offence under section 489-F PPC. being issuance of a Cheque dishonestly, and was bounced by the bank.
Plea of the petitioner is that .during the pendency of Civil suit, Criminal proceedings could not be initiated.

4. 2007 PCRLJ 388:
497(5) &498 Cr P C. Cancellation of bail.(Petition Accepted).
Petition to the extent of co-accused was dismissed because no role was attributed to the co-accused in the F.I.R. and investigation, Prosecutions whole evidence revolves around the accused who was main culprit. So the petition is accepted to the extent of main accused.

5. 2007 YLR 1264 :
S 497 Cr P C. (Admitted Post Arrest Bail)
F.I.R. Lodged with delay of four years against accused and co-accused .Complainant alleged in F.I.R that despite payment of amount to accused, no land was got allotted in his favour .and matter was reported to Punchayat accused gave to complainant cheques which were later on dishonored .That complainant himself was involved in case registered under Sec 489-F PPC .Sec 468,470, and 420 PPC had been added later. Pre-arrest bail of co-accused had been confirmed by High Court. Rule of consistency was attracted to the case of accused and admitted post arrest bail.

6. 2007 YLR 1277:
Sec 497 Cr P C (Bail admitted)
The amount of Cheque in question had not been mentioned in the F.I.R. at all. Cheque was issued about three months prior to reporting of matter to the police. Neither Cheque issued by accused nor its attested copy was available on record of the case and no Bank officer had been cited as witness.

7. 2007 YLR 1280:
Sec.497 Cr P C. (Bail granted)
Section 489-F PPC, Maximum punishment for offence under section 489-F PPC, not more than three years, Present case was not covered by prohibition contained in section 497 Cr PC. F.I.R. did not indicate the purpose for which a huge amount was given to accused by the complainant and did not show any effort for seeking the return of said amount.

8. 2007 YLR 1120.
Section 497 Cr P C. (Bail Granted ).
Section 489-F . Maximum Punishment not more than three years. Not fall in Prohibitory Clause of 497 Cr P C . F.I.R. did not indicate the purpose for which a huge amount was given to accused by the complainant and did not show any effort for seeking the return of said amount.

9. 2007 YLR 1354.
Section 497 Cr P C. (Bail Granted).
Section 489-F. Accused was in Jail since one year. Challan was submitted but no progress. Offence did not fall within prohibitory clause of section 497 Cr P C. ( Keeping accused behind the bars for an indefinite period of time would not serve or advance prosecution’s case, rather same would amount to punishment before conviction, which was not permissible under CRIMINAL JURISPRUDENCE ).

10. 2007 YLR 1020 (1) :
Section 498 Cr.P.C. ( Pre arrest bail was dismissed)
Section 489-F. Accused failed to appear before the court and had also not furnished surety bonds as directed by the court. Accused who stood nominated in F.I.R, had misused concession of Pre-arrest bail. Bail application was dismissed.

11. 2007 PCRLJ 100:
S.489-F-Bail. Grant of---
Accused issued a cheque as earnest money to complainant, which prima facie was not an obligation—Real intention of the parties with regard to the agreement would be determined by the Trial Court after recording evidence—Offence for which accused was charged ,did not fall under prohibited clause of Sec.497,Cr.P.C.—Accused was behind the bars and no more required for further investigation—To keep accused behind the bars for an indefinite period would not serve any use full purpose--- Accused was admitted to bail, in circumstances.

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Talaq Certificate Case Laws