S. 489-F--Bail after arrest, grant of--Allegation of--Dishonoured of cheque--Entire prosecution case is based on documentary, evidence (dishonoured cheque and bank slip), which is already in possession of prosecution and as such there is no chance of tampering with same, therefore, in such circumstances no useful purpose will be served by keeping petitioner behind bars-

 PLJ 2021 Cr.C. (Lahore) 357

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

----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail after arrest, grant of--Allegation of--Dishonoured of cheque--Entire prosecution case is based on documentary, evidence (dishonoured cheque and bank slip), which is already in possession of prosecution and as such there is no chance of tampering with same, therefore, in such circumstances no useful purpose will be served by keeping petitioner behind bars--Concluded by Investigating Officer that there was no lain-dain between petitioner and complainant--Abovementioned police findings are against story narrated by complainant in FIR according to which an amount of Rs. 55,00,000/- was handed over by complainant to petitioner and same was still outstanding against him--Furthermore, punishment provided for offence under Section 489-F, PPC is imprisonment, which may extend to three years--Offence mentioned in FIR does not fall within ambit of prohibitory clause of Section 497, Cr.P.C. and grant of bail in such like cases is a rule while refusal is an exception--Petition was allowed.                                                                     [P. 359] A & B

2009 SCMR 1488 & PLD 2017 SC 733 ref.

Raja Tasawar Iqbal, Advocate for Petitioner.

Ch. Muhammad Ishaq, Additional Prosecutor General for Respondent.

Nemo for Complainant.

Date of hearing: 28.1.2021.

 PLJ 2021 Cr.C. (Lahore) 357
Present: Malik Shahzad Ahmed Khan, J.
ZULFIQAR ALI--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 1729-B of 2021, decided on 28.1.2021.

Order

Through the instant petition, the petitioner seeks post-arrest bail in case FIR No. 347/2020 dated 29.07.2020, offence under Section 489-F, PPC registered at police station Sajid Shaheed, District Sargodha.

2. On the previous date of hearing Nusrat Ali complainant appeared before the Court and sought an adjournment in order to hire the services of a learned counsel in this case but today no one is present of his behalf, despite repeated calls. Even otherwise, it is a State case and learned Additional Prosecutor General is ready to
 argue the same, therefore, I proceed to decide the instant petition after hearing arguments of learned counsel for the petitioner, as
well as, learned Additional Prosecutor General and perusal of the record.

3. Arguments decided. Record perused.

4. As per brief allegations levelled in the FIR, cheque amounting to Rs. 55,00,000/-, issued by the petitioner to the complainant, was dishonoured on presentation by the concerned bank, hence the abovementioned FIR.

5. The entire prosecution case is based on documentary, evidence (dishonoured cheque and bank slip), which is already in possession of the prosecution and as such there is no chance of tampering with the same, therefore, in such circumstances no useful purpose will be served by keeping the petitioner behind the bars. Reference in this respect may be made to the case of Saeed Ahmad v. The State (1996 SCMR 1132). Moreover, as per police investigation recorded vide Zimnee No. 05, dated 28.08.2020, only an amount of
Rs. 6,00,000/-, was obtained by the petitioner on loan from the brother of the complainant namely Muhammad Ashraf and in this respect a cheque was handed over by the petitioner to the abovementioned Muhammad Ashraf, who after writing Rs. 55,00,000/-, in the said cheque got the same dishonoured and lodged th instant FIR through his brother namely Nusrat Ali complainant. It is further concluded by the Investigating Officer that there was no lain-dain between the petitioner and Nusrat Ali complainant. The abovementioned police findings are against the story narrated by the complainant in the FIR according to which an amount of Rs. 55,00,000/- was handed over by the complainant to the petitioner and the same was still outstanding against him. Furthermore, the punishment provided for the offence under Section 489-F, PPC is imprisonment, which may extend to three years. The offence mentioned in the FIR does not fall within the ambit of prohibitory clause of Section 497, Cr.P.C. and grant of bail in such like cases is a rule while refusal is an exception. Thus, keeping in view the law laid down in the cases of Zafar Iqbal v. Muhammad Anwar and others (2009 SCMR 1488) & “Muhammad Tanveer v. The State and another” (PLD 2017 Supreme Court 733), ordaining that where a case falls within non-prohibitory clause, the concession of granting bail must favorably be considered and should only be declined in exceptional cases, the instant petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in
the sum of Rs. 2,00,000/- (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Petition allowed