' HASSAN RAZA PASHA, J.-- Through this petition the petitioner seeks post-arrest bail in case F. I. R.
No.68 dated 10-2-2010 for offence under section 489-34, P.P.C. Registered with Police Station Shalimar Islamabad.
2. Allegation against the petitioner is that he issued a cheque of Rs.1,00,00,000 which was dishonoured at the time of presentation before the concerned bank.
3. Learned counsel for the petitioner submits that the cheque was not issued against any liability, in fact the cheque was issued as a guarantee and the petitioner had performed his part of agreement, hence, no offence under section 489-F P.P.C. Is made out against the petitioner; that the matter is of civil nature; that the petitioner is behind the bars since his arrest and is not required by the police for further investigation; that the offence does not fall within the prohibitory clause of section 497, Cr.P.C.
4. Learned Standing Counsel assisted by learned counsel for the complainant has vehemently opposed the grant of bail to the petitioner on the ground that the petitioner was named in the F.I.R.
And specific role of issuing cheque in favour of complainant has been assigned to him which on presentation to bank was dishonoured. During police investigation accused was found gully involved in crime alleged against him.
' Arguments heard. Record perused.
6. Admittedly the cheque was issued on 1-12-2007 and an agreement between the parties was executed. The principal accused is behind the bars. The liability was against the co-accused and the present petitioner is just a guarantor. The learned Standing Counsel frankly conceded that section 489-F, P.P.C. Is not made from the facts and circumstances of the case. The petitioner is behind the bars since his arrest. Nothing has been recovered from the petitioner and his custody is no more required by the Police. Offence under section 489-F, P.P.C. Did not fall within the prohibitory clause of section 497, Cr.P.C.. Keeping the petitioner behind the bars for an indefinite period would not serve or advance prosecution's case, rather same would amount to punishment before conviction which is not permissible under criminal jurisprudence.
7. For what has been discussed above, this petition is allowed and the petitioner is admitted to bail in the sum of Rs.5,00,000 with one surety in the like amount to the satisfaction of trial Court.