Tassaduq Hussain Jillani, J.--Seeks bail in a case registered vide FIR No, 117 dated 6.4.2010 at Police Station Iqbal Abad, District Rahim Yar Khan on the statement of Rafique Ahmad.
2. The prosecution story as given in the FIR briefly stated is that petitioner purchased 14 buffaloes from the complainant in the year 2009 and issued a cheque of Rs, 1200,000/- which was dishonored.
3. Learned counsel for the petitioner submits that the petitioner had business relations with Hamilliya Feeds; that the case registered is part of frivolous litigation launched by Hamilliya Feeds; that when the issue of rendition of accounts cropped up, petitioner filed a civil suit and the said company brought the matter in criminal domain by having six false cases registered against him and the instant case is part of the said campaign. Adds that this Court has already granted bail to the petitioner in Crl. P. No, 590-L of 2010 (FIR No, 143 dated 22.3.2010 P.S. City 'A' Division, District Rahim Yar Khan) in which complainant is Hamilliya Feeds. He lastly contended that that the cheque in the instant case is subject matter of a civil suit filed by the petitioner and that petitioner is behind the bars for the last six months and the trial is not in sight.
4. Learned counsel for the complainant, on the other hand, submitted that complainant has nothing to do with Hamilliya Feeds; that he has his independent grievance against the petitioner; that petitioner's counsel had made a statement before the Additional District and Sessions Judge to the effect that if the complainant takes oath on Quran, he will return the entire amount but despite the oath the undertaking was not honored.
5. Learned Deputy Prosecutor. General opposed the petition by submitting that huge amount of money is involved and at this stage, petitioner has no case for bail.
6. Having heard learned counsel for the parties as also learned Law Officer, we are of the view that admittedly the cheque, subject matter of this petition, is also subject-matter of a pending suit which suit was filed before the registration of instant FIR and even presentation of cheque in question for encashment. It has also been brought to our notice that a civil Court in the pending civil suit had also issued an injunctive order with regard to encashment of the cheque. Petitioner is behind the bars for the last six months and the trial has yet to commence.
7. In the afore-referred circumstances, the petitioner has made out a case for bail. Therefore, this petition is converted into appeal and allowed. Subject to petitioner's furnishing bail bonds in the sum of Rs, 200,000/- with two sureties in the like amount, to the satisfaction of the learned trial Court, he shall be released on bail.