1. MUHAMMAD YAWAR ALI, J. - Through this petition under Section 497, Cr.P.C. Petitioner seeks post arrest bail in case F.I.R. 513/2009, dated 25.9.2009 for an offence under Section 489-F, P.P.C.
2. Registered at Police Station Shadman, Lahore.
3. It is stated in the F.I.R. That petitioner issued a cheque bearing No. 1791322 in the sum of Rs.
4. 7,00,000/- drawn on Habib Bank Limited, Shah Alam Market in favour of the complainant which after being presented was dishonoured on the ground that sufficient funds were not available.
5. Learned counsel for the petitioner contends that complainant has received an amount in excess of Rs. 7,00,000/- and as such there is no live issue with regard to the dispute, that cheque was issued in nature of a guarantee and as no offence under Section 489-F, P.P.C. Is made out. Lastly contends that offence does not fall within the prohibitory clause of Section 497, Cr.P.C.
6. On the other hand, learned Law Officer opposed the bail application and contends that there is no proof with regard to the payment of Rs. 7,00,000/- which was issued in the form of a cheque, that the challan in this case has already been submitted before a Court of competent jurisdiction and since the petitioner himself issued a cheque which bounced, no grounds exist for grant of bail.
7. Learned counsel for the complainant while adopting the arguments raised by learned Law Officer contends that petitioner is a habitual offender and as such is not entitled to the concession of bail.
8. Arguments have been heard and record perused.
9. It is an admitted position that offence under Section 489-F, P.P.C. Does not fall within the prohibitory clause and carries a maximum punishment of three years. The apex Court in case titled Tariq Bashir and 5 others v. The State (PLD 2005 SC 34) has held that grant of bail in offences punishable with imprisonment for less than ten years is a rule and refusal an exception. This petition is, therefore, allowed and petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 7,00,000/- with one surety in the like amount to the satisfaction of Trial Court.