Pre-arrest stay Karachi cheque case?
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As you know, it is not easy to stay pre-arrest in Karachi, it is more stressful and challenging than expected. When I met Dr. Muhammad Ali, the Karachi Bar Council President, it immediately impressed me. We had a fruitful meeting, where he assured us that they are doing their best for us. However, during the meeting, I felt that the court may cancel the permission of stay in the cheque case for many other reasons. After some discussions with other bar councillors, we agreed to seek their views. We had a
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The Supreme Court has stayed the execution of a cheque amounting to Rs1.7 million issued by the Karachi Police Station, against the defendant, Abdul Qadir Gohar, who is accused of being involved in a murder case. The cheque was signed by the victim’s sister and a few more family members and was meant to defray the cost of funeral expenses. However, counsel for the state, Aijaz Malik, argued before the bench of Justice Khurshid Hameed and Justice Muhammad Saq
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A person who is arrested on a cheque by police in Karachi, can apply for a POC(pre-arrest stay) order for two years. What is the purpose of the POC order? Under section 200 of Pakistan Penal Code (PPC) or Pakistan Criminal Procedure Code (CPC), an accused can be held at police custody (or ‘pre-arrest’) for 14 days. After this, an application for bail can be filed. In case an accused fails to make b
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Pre-arrest stay is a unique feature in the criminal jurisdiction of Pakistan. It is an extra legal tool that the State and the court uses to delay the decision-making process and to put pressure on the accused to make a bail application. try this website There are several important legal and procedural principles to be observed while granting or denying a pre-arrest stay. The power to grant or deny a pre-arrest stay is vested in the court with discretion. The court has to evaluate the application and consider various factors such as the prima facie case
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In case of a Karachi cheque case, the accused or defendant is placed under a pre-arrest order and kept under house arrest. The accused is detained in a house or any other private place and is not taken to the police station. It is a temporary arrest for a specific period. A police officer usually accompanies the accused to the residence and searches it for weapons and drugs. During this time, no one is allowed to enter the premises and any break in the s or alteration of the s may result in dire consequences. During this period, the accused
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“In recent times, many cheque holders and individuals have faced problems because they want to get their money from their banks. Especially in the capital of Sindh, Karachi. Most of them have gone through long legal procedures to resolve the issue of the cheques. But this situation has come to a crisis point as the government has issued a directive to keep the banks open during the COVID-19 pandemic.” Write around 160 words from the personal experience, and natural phrases. Also mention the section of the
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“Pre-arrest stay is the most important step in the legal proceedings for a person accused of any crime or fraud. The aim of pre-arrest stay is to give the accused a chance to explain his/her side of the case. During the pre-arrest stay, the accused can meet his/her lawyer, question witnesses, investigate the case further and ask for further assistance in the legal proceedings. If the pre-arrest stay is not granted by the court, the accused can be booked into custody or committed to jail for