'SAIF-UR-REHMAN, J.---The petitioner seeks bail through this petition in case FL R. No,971, dated 28- 9-2008 registered under section 489-P, P,P,C. At Police Station Qilla Gujjar Singh, Lahore.
2. It was alleged in the F.I.R. That cheque issued for an amount of Rs . 5 , 00, 000 was dishonoured on its presentation before the concerned Bank.
3. Learned counsel for the petitioner submitted that the cheque was issued as security on account of business deal which was evident from written agreement dated 21-2-2007, the execution of which was not denied by anyone of the parties. The dispute, if any, must have been resolved in accordance with the settled terms and conditions. However, to put pressure on the petitioner to extract money in unjustified manner, criminal case was got registered against the petitioner.
Reliance was placed on Ali Murtaza v. The State 2005 PCr.L.J 1773, Major Anwar-ul-Haq v. The State PLD 2005 Lahore 607 and Razi Ahsan v. The State and another PLD 2008 Kar.
212.
4. The petitioner was opposed by the learned D.P.-G. Contending that pre-arrest bail was an extraordinary relief. Admittedly, the cheque in question was issued by the petitioner which was dishonoured reflecting dishonest intention of the petitioner on the basis of which, he was not entitled to any concession.
5. A look through the contents of the aforesaid agreement indicates that the petitioner had issued three cheques in favour of Messrs Naqi Beverages (Pvt.) Ltd. As security. Clause 14 of the said agreement reads as under:- "The second party has handed over three cheques detailed as below to the first party at the time of signing of the agreement.
(1) Cheque No,6923082 dated 30-4-2007.
(ii) Cheque No 6923084 dated 30-6-2007.
(iii) Cheque No, 6923085 dated 30-8-2007.
'The cheques have been issued in the name of Messrs Naqi Beverages (Pvt.) Ltd. The total of these cheques amounting to Rs,2.0 million will remain with the first party as security during the entire tenure of this agreement and is to be refunded to die second party at the time of termination of this agreement or adjusted against any liability of the second party."
6. It was nowhere agreed that before the termination of the said agreement, any one of afore- mentioned cheques could be presented to the relevant bank. The cheque in question is one of the three aforementioned cheques.
7. It appears that in connection with the business deal arrived at through said agreement, in case of any dispute between the parties, the matter was to be referred to Arbitration Council under the Arbitration Act. Admittedly the petitioner has approached the Court for getting the dispute settled through Arbitration. The case of the petitioner, therefore, is clearly covered by the ratio decided in die afore-mentioned case-law. Pre-arrest bail, therefore, is confirmed to him subject to furnishing fresh bail bonds in the sum of Rs,1,00,000 (one lac) with one surety in the like amount to the satisfaction of the learned trial Court.