This matter concerned a petition for bail filed by an accused arrested under Section 489-F, P.P.C., for the dishonour of a cheque amounting to Rs. 2,00,00,000. The core legal question was whether the petitioner, who had been incarcerated for eight months, was no longer required by the police for investigation, and suffered from diabetes and ulcer, should be granted bail, particularly as the maximum sentence for the offence was three years, placing it outside the prohibitory clause. The Supreme Court converted the petition into an appeal and allowed it, admitting the petitioner to bail. The Court reiterated the principle that where a case falls within the non-prohibitory clause, the concession of granting bail must be favourably considered and should only be declined in exceptional cases, a situation not found to exist in the present matter.
' MIAN SAQIB NISAR, J.---The petitioner has been arrested in case F.I.R. No, 1107 registered under section 489-F, P.P.C. On 23-8-2010 at Police Station Qila Gujar Singh, Lahore for dishonour of cheque amounting to Rs,2,00,00,000. He was arrested in this case on 8-10-2010; the challan according to Additional Prosecutor-General, has already been submitted on 10-10-2010. The maximum sentence under section 489-F, P.P.C. Is three years. The case does not fall within the prohibitory clause. The petitioner is behind the bars since last eight months and he is not required by the police for the purposes of investigation at this stage. Beside that the petitioner is a diabetic and is a patient of ulcer and a report in this regard is available on the record.
2. Thus keeping in view the law laid down in the case of Zafar Iqbal v. Muhammad Anwar and others (2009 SCM R 1488) ordaining that where a case falls within non-prohibitory clause the concession of granting bail must be favourably considered and should only be declined in exceptional cases. We do not find this to be a case where it should be refused as an exception.
Thus, this petition is converted into an appeal and the same is allowed and, resultantly, the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs, 1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
…and 14 more citing cases