MUHAMMAD YAWAR ALI, J.---Through this petition filed under section 497, Cr.P.C. the petitioner seeks grant of post-arrest bail in case F.I.R. NO. 584 of 2008, dated 16-5-2008 for an offence under section 489-F, P.P.C. registered at Police Station Factory Area, District Lahore.
2. It has been averred in the F.I.R. that the complainant gave a sum of Rs,10,00,000 to the accused for business purpose. That the accused did not honour his commitment and also refused to return Rs,10,00,000 which was taken by him. That the accused issued ten cheques in favour of the complainant. The complainant deposited two cheques in the sum of Rs,400,000 in his account which were dishonoured on 6-2-2008 on the grounds that there was insufficient balance available in-the account of the accused.
3. Learned counsel for the petitioner submits that the cheques in question were issued as a guarantee in lieu of certain merchandise which was provided to the complainant and since merchandise had been provided to the complainant, there was no occasion for depositing the cheques referred to in his account. Learned counsel goes on to submit that there is an inordinate delay in filing of F.I.R. that the offence under section 489-F, P.P.C. does not fall within the prohibitory clause of section 497, Cr.P.C. Lastly, it is submitted that the complainant/respondent No, 2 has filed a civil suit for recovery of the disputed amount and the same is pending adjudication before learned Additional District Judge, Lahore. Reliance is placed on "Zafar Iqbal v. Muhammad Anwar and others" (2009 SCM R 1488).
4. Learned D.P.G. and learned counsel, for respondent No .2/complainant remained submit that petitioner absconder for one and half year, issuance of cheque and signatures on the cheque are admitted, Challan was submitted before the trial Court on 25-10-2009 and Charge has been framed on 14-1-2010 and as such no grounds have been made out for grant of post arrest bail. In support of the contentions reliance is placed on "Allah Jawaya v. The State" (2006 YLR 1105), "Shameel Ahmed v. The State" (2009 SCM R 174), "Muhammad Ghufran and 6 others v. The State"
(2010 PCr.LJ 351) and "Muhammad Naeem v. The State" (2010 PCr.LJ 504).
5. It is. an admitted position that petitioner is behind the bars for the last six months and that complainant has filed a civil suit against the petitioner. Petitioner has been charged with an offence which carries a maximum punishment of three years imprisonment. The august Supreme Court of Pakistan in "Tariq Bashir and 5 others v. The State" (PLD 1995 Supreme Court 34) has held that grant of bail in offences punishable with imprisonment for less than ten years is a rule and refusal an exception.
6. In this view of the matter, this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail-bonds in the sum of Rs,4,00,000 (Rupees Four Hundred Thousand only) with one surety in the like amount to the satisfaction of trial Court.