PLJ 2023 Cr.C. (Note) 64
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail before arrest, grant of--Allegation of--Dishonoured of cheque--Further inquiry--Grounds available to an accused in post-arrest bail can also be considered at time of granting pre-arrest bail--Even otherwise, offence charged with does not fall within prohibitory clause of Section 497, Cr.P.C.--That while deciding pre-arrest bail application merits of case can be touched upon--In circumstances, apparently petitioner has made out case for pre-arrest bail--Bail allowed.
[Para 3] A & B
PLD 2009 (SC 427, 2021 SCMR 130 and 2022 SCMR 1424.
Mr. Muhammad Faisal Bashir Ch., Advocate for Petitioner.
Mr. Ashfaq Ahmad Malik, D.P.G. for State.
Mr. Khawar Siddique Sahi, Advocate for Complainant.
Date of hearing: 4.10.2022.
PLJ 2023 Cr.C. (Note) 64
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
FAROOQ AHMAD--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 4980-B of 2022, decided on 4.10.2022.
Order
Through this petition, petitioner Farooq Ahmad has sought bail before arrest in case FIR No. 142, dated 25.06.2022 registered under Section 489-F, PPC at Police Station Ghaziabad, District Sahiwal.
2. Heard. Record perused.
3. The petitioner was under the allegation of issuing of cheque amounting to Rs. 9,00,000/-in consideration of purchase of land measuring 5-Marla. It came to light that suit for specific performance was filed by the petitioner which was decreed on 17.07.2021 and the cheque so lying with the complainant was also assailed through separate suit filed on 13.01.2022 well before registration of FIR. Later the complainant without mentioning issuance of date of cheque has got lodged the FIR on the ground that twice it was dishonoured on presentation before the concerned bank. Learned counsel has pointed out that suit for recovery of amount of the cheque has also been filed by the complainant in which leave to defend has been granted to the petitioner. Certain issues so arise make the case of the petitioner one of further inquiry and Hon’ble Supreme Court of Pakistan in case reported as “Rana Muhammad Arshad vs. Muhammad Rafique and another “ (PLD 2009 Supreme Court 427) has held that the grounds available to an accused in post-arrest bail can also be considered at the time of granting pre-arrest bail. Even otherwise, the offence charged with does not fall within the prohibitory clause of Section 497, Cr.P.C. and it has been further held by Hon’ble Supreme Court of Pakistan in the cases reported as “Khair Muhammad and another vs. the State through P.G. Punjab and another” (2021 SCMR 130) and “Javed Iqbal versus The State through Prosecutor General of Punjab and another” (2022 SCMR 1424) that while deciding pre-arrest bail application merits of the case can be touched upon. In the circumstances, apparently the petitioner has made out the case for pre-arrest bail.
4. In view of the above, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioner is hereby confirmed, subject to his furnishing fresh bail bonds in the sum of Rs. 100,000/-with one surety in the like amount to the satisfaction of the trial Court.
(A.A.K.) Bail confirmed
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