-Pre-arrest bail, dismissal of--As per prosecution case, petitioner issued subject cheque for payment of amount Rs. 6,00,000/- due against him which was returned by bank when presented--

 PLJ 2024 Cr.C. (Note) 76

[Lahore High Court, Lahore]

Present: Syed Shahbaz Ali Rizvi, J.

SIKANDAR ALI--Petitioner

versus

STATE etc.--Respondents.

Crl. Misc. No. 64590-B of 2023, decided on 1.11.2023.

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

----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Pre-arrest bail, dismissal of--As per prosecution case, petitioner issued subject cheque for payment of amount Rs. 6,00,000/- due against him which was returned by bank when presented--Complainant is equipped with a written agreement which prima facie, supports contents of F.I.R--During investigation, petitioner has been found connected with alleged offence--No malafide on part of investigation officer could even be argued today--The offence alleged is cognizable and non-bailable in nature--In consideration of facts mentioned above, this Court is of view that special circumstances required for grant of extraordinary relief of pre-arrest bail do not exist in this case--Hence, this petition is dismissed--Ad-interim pre-arrest bail  already granted to petitioner is hereby recalled.                                            [Para 3] A

Mr. Javed Iqbal, Advocate for Petitioner.

Ms. Rashida Parveen, Assistant District Public Prosecutor for State.

Mirza Faizan Baig, Advocate for Complainant.

Date of hearing: 1.11.2023.

Order

Through this petition, petitioner seeks pre-arrest bail in case F.I.R No. 1275 dated 28.08.2023, registered for offence under Section 489-F, PPC, at police station Satellite Town, Gujranwala.

2. Arguments heard. Record perused.

3. As per prosecution case, petitioner issued subject cheque for the payment of amount Rs. 6,00,000/- due against him which was returned by the bank when presented. Complainant is equipped with a written agreement dated 10.01.2023 which prima facie, supports the contents of the F.I.R. During investigation, petitioner has been found connected with the alleged offence. No mala fide on the part of the investigation officer could even be argued today. The offence alleged is cognizable and non-bailable in nature. In consideration of the facts mentioned above, this Court is of the view that special circumstances required for the grant of extraordinary relief of pre-arrest bail do not exist in this case. Hence, this petition is dismissed. Ad-interim pre-arrest bail already granted to the petitioner is hereby recalled.

(A.A.K.)          Petition dismissed