-Dishonoured of cheque--Compromise between parties--As per record earlier complainant got registered a case vide FIR No. 415 of 2018 at same Police Station for offence under Section 406, PPC against son of petitioner regarding same transaction--

 PLJ 2021 Cr.C. (Lahore) 65

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

----S. 498 & 249-A--Pakistan Penal Code, (XLV of 1860), S. 1860,
S. 489-F--Pre-arrest bail, confirmed--Allegation of--Dishonoured of cheque--Compromise between parties--As per record earlier complainant got registered a case vide FIR No. 415 of 2018 at same Police Station for offence under Section 406, PPC against son of petitioner regarding same transaction--On 18-09-2018 compromise was affected between parties and son of petitioner was granted post arrest bail--Subsequently, son of petitioner was acquitted of charge vide judgment dated 11-03-2020 by Additional Sessions Judge, Sialkot, in application under Section 249-A, Cr.P.C--During investigation, Investigating Officer has concluded that in present case disputed cheque was given by petitioner to complainant as guarantee of his son--These facts and circumstances sufficiently establish that disputed cheque was issued to complainant as guarantee and complainant has involved petitioner in this case with mala fide and ulterior motive--Concession of pre-arrest bail is meant for innocent persons--Resultantly, this petition is accepted and ad interim pre-arrest bail already granted to petitioner is hereby confirmed.   [P. 65 & 66] A

C.M. Aslam, Advocate for Petitioner.

Mr. Asad Ali Bajwa, Deputy Attorney General-I for State.

Mr. Muhammad Saad Ullah Sial, Advocate for Complainant (filed power of attorney today).

Date of hearing: 26.6.2020.

 PLJ 2021 Cr.C. (Lahore) 65
Present: Muhammad Qasim Khan, CJ.
ABDUL GHAFOOR BHATTI--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 26350-B of 2020, decided on 26.6.2020.

Order

In continuation of order dated 16-06-2020, whereby petitioner was granted ad interim pre-arrest bail in the instant case i.e. FIR No. 328 of 2019, for offence under Section 489-F, PPC, registered at Police Station Hajipura, District Sialkot, I have further heard learned counsel for the parties and observed that as per record earlier complainant got

registered a case vide FIR No. 415 of 2018 at the same Police Station for offence under Section 406, PPC against Muhammad Yasin son of the petitioner regarding the same transaction. On 18-09-2018 compromise was affected between the parties and Muhammad Yasin was granted post arrest bail. Subsequently, Muhammad Yasin was acquitted of the charge vide judgment dated 11-03-2020 by learned Additional Sessions Judge, Sialkot, in application under Section 249-A, Cr.P.C. During investigation, Investigating Officer has concluded that in the present case disputed cheque was given by the petitioner to complainant as guarantee of his son Muhammad Yasin. These facts and circumstances sufficiently establish that disputed cheque was issued to the complainant as guarantee and complainant has involved the petitioner in this case with mala fide and ulterior motive. Concession of pre-arrest bail is meant for the innocent persons. Resultantly, this petition is accepted and ad interim pre-arrest bail already granted to the petitioner is hereby confirmed, subject to furnishing fresh bail bonds in the sum of Rupees One Lac (Rs.1,00,000/-), with one surety, in the like amount, to the satisfaction of trial Court.

(A.A.K.)          Bail confirmed