' SH. JAVAID SARFRAZ, J-The petitioner, Sultan Ahmed* seeks post-arrest bail in case bearing F.I.R.
No.273 of 2006, dated 26-4-2006, under section 489-F, P.P.C., registered at Police Station Saddar, District Jhang, at the instance of complainant Fida Hussain.
2. Learned counsel for the petitioner submits the cheque of the petitioner was misplaced; that the offence does not fall within the prohibitory clause and that the petitioner is behind the bars for the last four months and is no longer required for investigation.
3. Learned State counsel has opposed the bail petition.
4. The petitioner is an accused of offence under section 489-F, P.P.C., which is punishable with imprisonment of three years and does not fall within the prohibitory clause. As held by the Honourable Supreme Court of . Pakistan in Tariq Bashir and 5 others V. The State (PLD 1995 Supreme Court. 34), in offences, which do not fall within the prohibitory clause, bail should be granted as a rule while refusal thereto is an exception. Challan has also been sent to the Court but no progress has been made so far. It shall take a long time before the trial is concluded. Till then his remaining behind the bars would amount to punishment, which is not permissible under the law.
5. In light of what has been discussed above, while accepting this petition, the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs.40,000 with one surety in the like amount to the satisfaction of learned trial Court.