1. MUHAMMAD YAWAR ALI, J. - Through this petition under Section 498, Cr.P.C. Petitioner seeks pre- arrest bail in case F.I.R. No. 749/2009, dated 13.11.2009 for an offence under Section 489-F, P.P.C.
2. Registered at Police Station Saddar Gujranwala.
3. I have heard the arguments of learned counsel for the parties and perused the record minutely.
4. It is an admitted position that cheque referred to in the F.I.R. Was issued by one Javed and not the petitioner. Section 489-F, P.P.6. Is reproduced below:- "Whoever dishonestly issues a cheque towards repayment of a loan or fulfilment of an obligation which is dishonoured on presentation, shall be punishable with imprisonment which may extend to three years, or with fine, or with both, unless can, establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque."
5. There is no allegation that petitioner dishonestly issued the cheque referred to in the F.I.R. Learned D.P.G. Has pointed out that petitioner has been declared innocent by the Investigating Officer vide daily diary No. 26, dated 15.6.2010.
6. In view of the above, this petition is allowed and the ad-interim pre-arrest bail already granted to the petitioner vide order 10.6.2010 stands confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 5,00,000/- with one surety in the like amount to the satisfaction of Trial Court.