Through this application under Section 497/498 Cr.P.C. the petitioner seeks bail after arrest in case FIR No, 389 dated 13.10.2003 registered u/S. 489-F, PPC at Police Station Cantt, Multan.
2. The brief allegation against the petitioner is that he gave four Cheques Nos, 354222, 354223, 062053 and 564151 for Rs. 3,00,000/- which were presented in Muslim Commercial Bank Limited Nawan Sher Branch, Multan but the same were dishonoured as no amount was in the said account.
3. Learned counsel for the petitioner contends that the petitioner is not involved in a case falling within the prohibitory clause. It is also contended that these cheques were issued as security as the passengers had traveled on the documents supplied by the petitioner and implication of the petitioner is false.
4. Learned counsel for the complainant opposes this application on the ground that the petitioner is named in the FIR and had defrauded the complainant. It is further contends that the petitioner is involved in another similar type of case registered by the police and is a habitual offender. Further contends that the accused involved in a case not falling within the prohibitory clause cannot be granted bail as a matter of right. Reliance is placed on 2002 SCM R 442, and 2001 P.Cr.L.J. 291.
5. I have heard the learned counsel for the parties and also perused the record. Admittedly, the petitioner and the complainant were doing business with each other. Issuance of some cheques could be as a result of above-said business narrated in the FIR. Even otherwise, the petitioner is not involved in a case falling within the prohibitory clause and grant of bail in such like cases is a rule and refusal is an exception. I do not find any exceptional circumstances for refusal of bail. Even otherwise, nothing is to be recovered from the petitioner and he cannot be kept in jail for indefinite period. The case law cited by the learned counsel for the complainant is not applicable to the facts and circumstances of this case. Hence, this application is accepted and the petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs. 3,00,000/- with two sureties each in the like amount to the satisfaction of learned trial Court.