Petitioner, namely, Muhammad Akhtar son of Ghulam Muhammad, by filing this petition seeks post-arrest bail in case FIR No, 1072, dated 30.12.2008 under Section 489-F PPC registered with Police Station Sadar Dera Ghazi Khan.
2. Precisely the allegation against the petitioner according to the FIR registered at the instance of Muhammad Bashir complainant was that he issued a cheque of Rs,13,00,0000/- in favour of the complainant which on presentation before the drawee bank was dishonoured.
3. Learned counsel for the petitioner contends that investigation has already been completed.
Person of the petitioner is no more required by the police. Challan has already been submitted in the trial Court. The petitioner is behind the bar for more than 5 'months. Cheque in question was given during the business transaction. Learned counsel for the petitioner admits its hability to the extent of Rs,3,30,000/- and he has paid Rs,70,000/- and he is ready to pay remaining Rs,3,30,000/- within a period of two months. He has placed reliance on Amir lqbal Chaudhary vs. The State (2009 P.Cr.L.J 155), Aman Ullah us. The State (2007- YLR 1120), Muhammad Nadeem (2007 M LD 926) and Saeed Abbas vs the State (2008 P.Cr.L.J 1104).
4. Learned DDPP assisted by the learned counsel for the complainant opposed the bail application on the ground that role has been attributed to the petitioner. Cheque in question and the dishonoured slip is admitted by the petitioner therefore, he is not entitled to the concession of bail.
He has placed reliance on 2008 M LD 255 and 2008 MLD 243.
5. Arguments heard. Record perused.
6. Learned counsel for petitioner has admitted his liability to the extent of Rs,4,00,000/- in this petition. He undertakes to pay the same within two months, Section 489-F, P.P.C., does not fall within the Prohibitory Clause. The petitioner is in jail for the last five months and he cannot be kept in jail for an indefinite period on the whim or caprice of the prosecution, investigation has already been completed and the accused petitioner is no more required for further investigation.
7. Resultantly, this petition is allowed and petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in, the sum of Rs,2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.