This is an application for grant of post-arrest bail in case FIR No, 46 dated 24.1.2010 under Section 489-F PPC registered at Police Station New Town, District Rawalpindi.
2. The allegation against the petitioner is that he executed a cheque for an amount of Rs, 10,00,000/- (one million) drawn on Allied Bank Ltd., Branch Said Pur road Rawalpindi. When presented for encashment, the cheque was dishonoured.
3. It is contended by the learned counsel for the petitioner that even if the contents of the FIR are admitted, the offence is punishable with imprisonment of 3 years or fine or with both and does not fall within the Prohibitory Clause of Section 497 Cr.P.C.
4. A notice was sent to the complainant. He has opted to be absent. The learned DPG contends that record of the case is also not available. However, the grant of bail is opposed by him. It is contended that a huge amount is at stake and that petitioner is not entitled for concession of bail.
5. I have heard the learned counsel for the parties.
6. The production of the record is the responsibility of the prosecution and the prosecution cannot be allowed to regulate the proceedings of the Court by non-producing the record. The DSP legal is put at caution to make it sure that the record is made available on the date of hearing of the bail petitions. The shortcomings of the prosecution in providing the record cannot be allowed to be used as a device to frustrate the petitioner's right to bail to which he otherwise may be entitled.
7. The offence does not fall within the Prohibitory Clause of Section 497 Cr.P.C. As per version of the learned counsel for the petitioner, no other criminal case has ever been registered against the petitioner. I am inclined to grant the post-arrest bail to the petitioner subject to his furnishing bail bond in the sum of Rs, 1,00,000/- (one lac) with one surety in the like amount to the satisfaction of