-Bail grant of---Issue of cheque dishonestly--Where a case fell within non prohibitory clause of S. 497, Cr.P.C. the concession of granting bail must be favourably considered and should only be denied in exceptional cases-

2011 SCMR 1708

Criminal Procedure Code (V of 1898)---

----S. 497(1)---Penal Code (XLV of 1860), S. 489-F---Constitution of Pakistan, Art. 185(3)---Issue of cheque dishonestly---Bail grant of--Non-prohibitory clause of S. 497, Cr. P. C. ---Allegation against accused was that he issued a cheque for a sum of Rs. 20 million, which was dishonoured on presenting in bank---Effect---Where a case fell within non prohibitory clause of S. 497, Cr.P.C. the concession of granting bail must be favourably considered and should only be denied in exceptional cases---Bail was allowed.

Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488 fol.

Shawar Khilji, Advocate Supreme Court for Petitioner.

Mazhar Sher Awan, Additional Prosecutor-General, Punjab for the State.

Date of hearing: 8th June, 2011.

 RIAZ JAFAR NATIQ VS MUHAMMAD NADEEM DAR

2011 SCMR 1708

[Supreme Court of Pakistan]

Present: Mian Saqib Nisar and Asif Saeed Khan Khosa, JJ

RIAZ JAFAR NATIQ---Petitioner

Versus

MUHAMMAD NADEEM DAR and others---Respondents

Criminal Petition No. 347-L of 2011, decided on 08/06/2011.

(On appeal from the judgment dated 14-4-2011 of the Lahore High Court, Lahore passed in Criminal Miscellaneous No. 1642-B of 2011).

JUDGMENT

MIAN SAQIB NISAR, J.---The petitioner has been arrested in case F.I.R. No. 1107 registered under section 489-F, P.P.C. on 23-8-2010 at Police Station Qila Gujar Singh, Lahore for dishonour of cheque amounting to Rs.2,00,00,000. He was arrested in this case on 8-10-2010; the challan according to Additional Prosecutor-General, has already been submitted on 10-10-2010. The maximum sentence under section 489-F, P.P.C. is three years. The case does not fall within the prohibitory clause. The petitioner is behind the bars since last eight months and he is not required by the police for the purposes of investigation at this stage. Beside that the petitioner is a diabetic and is a patient of ulcer and a report in this regard is available on the record.

2. Thus keeping in view the law laid down in the case of Zafar Iqbal v. Muhammad Anwar and others (2009 SCMR 1488) ordaining that where a case falls within non-prohibitory clause the concession of granting bail must be favourably considered and should only be declined in exceptional cases. We do not find this to be a case where it should be refused as an exception. Thus, this petition is converted into an appeal and the same is allowed and, resultantly, the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs. 1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.

M.H./R-6/SCBail allowed.