-Bail---Offences which did not fall within the prohibitory clause of S. 497, Cr.P.C.---For such offences grant of bail was a rule while its refusal was an exception.

 2021 S C M R 2092

(a) Penal Code (XLV of 1860)---

----S. 489-F---Constitution of Pakistan, Art. 185(3)---Dishonestly issuing a cheque---Bail, grant of---During the course of proceedings, the complainant categorically stated that the amount paid to the accused was in fact in cash and the same was neither paid in lieu of any agreement nor any receipt in such regard could be furnished---Furthermore accused was behind bars for the last 05 months and the maximum punishment provided under the statute for the offence alleged was 03 years---As the amount was allegedly paid by the complainant to the accused in installments which was not satisfactorily disclosed by the complainant, therefore, it was best to leave the matter to be decided by the Trial Court after recording of evidence --- Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail.

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

----S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Offences which did not fall within the prohibitory clause of S. 497, Cr.P.C.---For such offences grant of bail was a rule while its refusal was an exception.