-Pre-arrest bail, dismissal of---dishonoured of cheque--During investigation, petitioner has also been..............

PLJ 2023 Cr.C. (Note) 78

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

----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Pre-arrest bail, dismissal of--Allegation of--dishonoured of cheque--During investigation, petitioner has also been found involved in commission of offence, in such circumstances, reasonable grounds exist to believe  that petitioner has committed non-bailable offence, hence, in absence of any mala-fide or ill-will of complainant for her false involvement in this case, she is not entitled to relief prayed for resultantly, while dismissing instant pre-arrest bail petition--Bail dismissed. [Para 4] A

Mr. Bashir Ahmad Qureshi, Advocate for Petitioner.

Ch. Muhammad Ishaq, Addl. Prosecutor General for State.

Mr. Zakria Khalil Tijra, Advocate for Complainant.

Date of hearing: 22.12.2022.

PLJ 2023 Cr.C. (Note) 78
[Lahore High Court, Lahore]
Present: Anwaarul Haq Pannun, J.
Mst. NASREEN BIBI--Petitioner
versus
STATE, etc.--Respondents
Crl. Misc. No. 71754-B of 2022, decided on 22.12.2022.

Order

Through this petition, the petitioner seeks pre-arrest bail in case/FIR No. 2147, dated 20.09.2022, offence under Section 489-F PPC, registered at Police Station Qilla Gujjar Singh, Lahore.

2. Precisely the allegation against the petitioner is that she without making arrangements with the bank ensuring that the cheques on presentation, shall be honoured, had dishonestly issued two cheques (fully detailed in the FIR) valuing Rs.6,00,000/- and
Rs. 1,39,470/- to the complainant for fulfillment of some financial obligation, when presented before the concerned bank, stood dishonoured.

3. Arguments heard and record perused.

4. It is straightaway observed that in addition to what has been mentioned in paragraph No. 2 of the order, during investigation, the petitioner has also been found involved in the commission of offence, in such circumstances, reasonable grounds exist to believe  that the petitioner has committed non-bailable offence, hence, in absence of any mala-fide or ill-will of the complainant for her false involvement in this case, she is not entitled to the relief prayed for resultantly, while dismissing the instant pre-arrest bail petition, the ad-interim pre-arrest bail already granted to the petitioner vide order dated 15.11.2022 is recalled. Previous surety of the petitioner is discharged from the liability of her bail bonds.

(A.A.K.)          Bail dismissed