ORDERASIF SAEED KHAN KHOSA, J.- Through this petition Mian Muhammad Saeed petitioner has sought postarrest bail in case FIR No.156 registered at Police Station Factory Area, Faisalabad on 19.Q3.2004 for an offence under section 489-F, PPC.
2. After hearing the learned counsel for the. Parties and going through the record it has been noticed that according to the FIR itself the complainant and the petitioner were locked in a business dispute requiring rendition of accounts, lt is admitted at all hands that during the efforts made for resolution of such dispute some arbitrators had been appointed including one Haji Abdul Ghani and the cheque in issue had been executed by the petitioner in favour .Of the said arbitrator namely Haji Abdul Ghani. Lt is not disputed that the petitioner did not have any bbligation towards Haji Abdul Ghani in whose favour the. Relevant cheque had been issued and the Haji Abdul Ghani had never produced the said cheque before the concerned Bank for its encashment nor be has so far filed any suit or any criminal proceedings against the petitioner in that connection. Thus, the question as to whether the complainant of this case was entitled to get the relevant cheque encashed on his own or the question whether the petitioner was under any obligation towards Haji Abdul Ghani regarding any payment are questions which necessarily require further probe at this stage. The offence allegedly committed by the petitioner does not attract the prohibitory clause contained in sub-section (1) of section 497, Cr.P.C. Grant of bail in such cases is a rule and its refusal is merely an exception. No special circumstance has been found by me in this case to depart from the beaten track in this regard.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of sub-section (2) of section 497, Cr.P.C. This petitioner is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.
50,000/- (Rupees fifty thousand only) with one surety in the like ampunt to tlie satisfaction of the learned Trial Court.