Abdul Hafeez son of Ghulam Nabi, petitioner, by filing this petition, seeks post-arrest bail in case FIR No, 216/07, dated 8.5.2007, registered with Police Station Ghalla Mandi, Sahiwal for an offence under Section 489-F; P.P.C.
2. The allegation against the petitioner and his co-accused, in the FIR registered at the instance of Prof. Muhammad Akram son of Ch. Ghulam Rasool, complainant, was that they owed the latter an amount of Rs, 6,50,000/- and allegedly issued two postdated cheques Bearing No, TO 3421277 dated 27.4.2006 for Rs, 3,50,000/- and 3421278 dated 9.5.2006 for Rs, 30,000/- respectively drawn on Habib Bank Ghalla Mandi Branch, Sahiwal which on presentation had been dishonoured.
3. The petitioner was arrested on 14.5.2007 and is in custody ever since. His plea for post-arrest bail did not find favour with the learned Sessions Judge, Sahiwal who turned down his application vide order dated 3.7.2007. Hence this petition.
4. I have heard the learned counsel for the petitioner, the learned Law Officer, as also the learned counsel for the complainant and have perused the record brought by Irshad-ul-Haq ASI, Police Station Ghalla Mandi, Sahiwal.
5. The main thrust of the argument of the learned counsel for the petitioner was that he had never issued the cheques in question whereas the complainant insisted that the same had been issued and were dishonoured at the time of presentation, and that the same are on the file of suit for recovery of money, which is pending in the Civil Court. The learned counsel for the petitioner has also stressed that on 26.6.2007 the complainant had been summoned for production of original cheques by the learned Magistrate but neither he himself appeared there nor did he produce the disputed cheques. On Court's query the complainant failed to produce the said cheque before this Court to show his bonafide. Admittedly the petitioner is accused of an offence under Section 489-F, P.P.C., which is punishable with imprisonment of three years and which does not attract the mischief of prohibitory clause of Section 497(1) Cr.P.C. Bail in such like cases is a rule and refusal thereof an exception. Although the learned counsel for the complainant as also the learned Law Officer have opposed the grant of bail to the petitioner, however, they have not been able to point out any special feature of the case which may bring his case in any of the exceptions. The petitioner is in custody for the last almost eight months and he cannot be retained as such indefinitely as a measure of punishment.
6. Resultantly this petition is allowed and the petitioner is admitted to post-arrest bail in the sum of Rs, 100,000/- (rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.