ORDER CH. IFTIKHAR HUSSAIN, J. Petitioner Muhammad Naeem through the instant petition has prayed for the post-arrest bail in case F.I.R. No.131 registered under section 489-F, P.P.C. With Police Station Civil Lines, District Faisalabad on 15-2-2010.
2. Briefly, the allegation against him as per the F.I.R. Is that he owed an amount of Rs.5,72,000 to the complainant on account of purchase of yarn (sooter) from him and in lieu thereof gave him three cheques of the said amount, which on presentation could not be encashed for want of funds.
3. After hearing the learned counsel for the parties and perusing the record, I find that he is stated to be behind the bars for the last about six months and a previous non-convict, which has not been controverted by the other side.
5. The fact also remains that the alleged offence does not attract the prohibition contained in section 497(1), In the case of "Tariq Bashir and 5 others v. The State" (PLD 1995 SC 34), their lordships in the august Supreme Court of Pakistan have been pleased to hold that grant of bail in such like cases is a rule and refusal an exception. I hardly find any exceptional circumstance to warrant refusal of bail to him.
6. However, it may be mentioned here that it has been argued by the learned counsel for the complainant that he is involved in two other cases. I am afraid that mere pendency or involvement in other cases of the type cannot be a clog in the way of extension of the relief to him. In this regard reference is made to the case of "Kashif Khan v. The State" (2009 PCr.LJ 1418).
7. In these circumstances of the case, I have been persuaded to hold that the case for his enlargement on bail has been made out.
8. I, therefore, accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court..