-Section 489-F, P.P.C. was not promulgated for using as a tool for recovery of the amounts due in business dealings for which civil remedy had already been provided---Trial of the case was not in sight--

 2021 P Cr. L J 914

(a) Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Bail, grant of---Completion of investigation---Scope---Accused sought bail in an FIR registered under S. 489-F, P.P.C.---Accused was not required for the purposes of investigation---Offence under S. 489-F, P.P.C., did not fall within the prohibitory clause of S. 497, Cr.P.C.---Section 489-F, P.P.C. was not promulgated for using as a tool for recovery of the amounts due in business dealings for which civil remedy had already been provided---Trial of the case was not in sight---Petition for grant of post-arrest bail was allowed, in circumstances.

Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488 and Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708 ref.

(b) Criminal Procedure Code (V of 1898)---

----S. 497---Bail---Scope---Where a case fell within non-prohibitory clause, the concession of granting bail must be favourably considered and should only be declined in exceptional cases.

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

Nadeem Shibli for Applicant.

Rana Tasawar Ali Khan, DPG along with Ameer Nawaz, ASI with record for the State.

Nemo for the Complainant.

2021 P Cr. L J 914
[Lahore]
Before Shehram Sarwar Ch., J
ADNAN SHEHZAD---Applicant
Versus
The STATE and another---Respondents
Criminal Miscellaneous Application No. 6028-B of 2021, decided on 16th February, 2021.

ORDER

SHEHRAM SARWAR CH., J.---Adnan Shehzad, petitioner seeks post arrest bail in case FIR No.1905 dated 22.12.2020, offence under section 489-F, P.P.C., registered at Police Station Millat Town District Faisalabad.

2. Precise allegation against the petitioner, as per FIR, is that he issued a cheque amounting to Rs.50,00,000/- to the complainant, which was dishonoured on its presentation in the bank.

3. Heard. Record perused.

4. The petitioner was arrested on 22.12.2020 and since then, he is behind the bars. Maximum sentence for the offence alleged against the petitioner is three years. He is no more required for the purposes of investigation by the prosecution. Offence under section 489-F, P.P.C. does not fall within the prohibitory clause of section 497, Cr.P.C. Section 489-F, P.P.C. has not been promulgated for using as a tool for recovery of the amounts due in business dealings for which civil remedy has already been provided by law. Reliance in this regard is placed on "Zafar Iqbal v. Muhammad Anwar and others" (2009 SCMR 1488) and "Riaz Jafar Natiq v. Muhammad Nadeem Dar and others" (2011 SCMR 1708). The trial of the above mentioned case is not insight.

5. 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. I do not find this to be a case where it should be refused as an exception. Therefore, this petition is allowed and the petitioner is granted post arrest bail subject to his furnishing bail bond in the sum of Rs.1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of the learned trial Court.

SA/A-30/L Bail granted