PLJ 2024 Cr.C. (Note) 132
[Lahore High Court, Lahore]
Present: Malik Shahzad Ahmad Khan, J.
ZOBIA RAFIQUE--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 14244-B of 2024, decided on 14.3.2024.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail after arrest, grant of--Dishonoured of cheque--Documentary evidence--The punishment provided for offence u/S. 489-F of PPC is imprisonment, which may extend to 03 years--The offence mentioned in FIR does not fall within ambit of Prohibitory Clause of Section 497 of Cr.P.C and grant of bail in such like cases is a rule while its refusal is an exception--No exceptional ground has been pointed out by DPG assisted by counsel for complainant to refuse bail to petitioner--Held: It is by now well settled that mere involvement of an accused in some other case(s) or huge amount is no ground to refuse bail to an accused, if otherwise, he is entitled merits) to said relief, on merits--Petition allowed. [Para 4] A & B
PLD 2017 SC 730, PLD 2017 SC 733, 2022 SCMR 592, 2012 SCMR 573, 1997 SCMR 412 & 2011 SCMR 1708.
Mian Izhar Ahmad, Advocate for Petitioner.
Mr. Nisar Ahmad Virk, Deputy Prosecutor-General for State.
Ms. Nosheen Amber Bukhari, Advocate for Complainant.
Date of hearing: 14.3.2024.
Order
The petitioner, namely Zobia Rafique, through instant petition seeks post arrest bail in case FIR No. 988 dated 17.12.2023 registered at Police Station Rail Bazar, District Faisalabad offence under Section 489-F of PPC.
2. Arguments heard. Record already perused.
3. As per brief allegations levelled in the FIR, a cheque amounting to Rs.90,00,000/-was issued by the petitioner to the complainant but the same was dishonoured on its presentation by the concerned Bank, hence, the abovementioned FIR.
4. The entire prosecution case is based upon documentary evidence i.e. dishonounred cheque and slip of the bank which is already in possession of the prosecution and as such there is no chance of tampering with the same therefore, in the circumstances, no useful purpose shall be served by keeping the petitioner behind the bars. Reference in this context may be made to the case of ‘Saeed Ahmad vs The State’ (1996 SCMR 1132). Furthermore, the punishment provided for the offence under Section 489-F of PPC is imprisonment, which may extend to 03 years. The offence mentioned in the FIR does not fall within the ambit of Prohibitory Clause of Section 497 of Cr.P.C and grant of bail in such like cases is a rule while its refusal is an exception. No exceptional ground has been pointed out by learned DPG assisted by learned counsel for the complainant to refuse bail to the petitioner. Reference in this context may be made to the cases reported as ‘Khalil Ahmed Soomro and others vs The State’ (PLD 2017 Supreme Court 730), ‘Muhammad Tanveer vs The State and another’ (PLD 2017 Supreme Court 733) and “Abdul Saboor vs. The State through A.G. Khyber Pakhtunkhwa and another” (2022 SCMR 592). Although learned DPG assisted by learned counsel for the complainant has argued that the petitioner is involved in another criminal case viz. FIR No. 816/2023 registered at police station Rail Bazar, District Faisalabad and a huge amount is involved in the present case, therefore, he is not entitled to the relief of bail but it is by now well settled that mere involvement of an accused in some other case(s) or the huge amount is no ground to refuse bail to an accused, if otherwise, he is entitled to the said relief, on merits. Reference in this context may be made to the cases reported as ‘Jamal-ud-Din alias Zubair Khan vs The State’ (2012 SCMR 573) and “Muhammad Rafique vs. The State” (1997 SCMR 412) and ‘Riaz Jafar Natiq vs Muhammad Nadeem Dar and others’ (2011 SCMR 1708).
5. In the light of above discussion, the instant petition is allowed and the petitioner is admitted to post-arrest bail subject to her furnishing bail bonds in the sum of Rs.10,00,000/-(Rupees One Million Only) with two sureties in the like amount each to the satisfaction of the learned trial Court.
(A.A.K.) Petition allowed
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