' TASSADUQ HUSSAIN JILLANI, J.---Seeks bail in a case registered vide F.I.R. No, 140 of 2008 dated 23- 3-2008 under section 489-F, P.P.C. At Police Station Garden Town, Lahore, wherein it-was alleged that the cheque issued by the petitioner amounting to Rs, 100,000 in favour of complainant/petitioner wife was dishonoured.
' Learned counsel for the petitioner seeks bail on the ground that the allegation is false; that petitioner did not sign the cheque; that on account of strained relations, the complainant forged petitioner's signature and brought the matrimonial dispute in the domain of criminal law. Adds that the offence alleged does not fall within the prohibitory clause of section 497, Cr.P.C.
3. Learned Additional Prosecutor-General opposed the petition by submitting that the trial is in progress and that Some witnesses have already been recorded but on courts query he is not in a position to- say as to when the trial is likely to conclude. Even otherwise, the direction given by the High Court for conclusion of trial within three months has not been complied with. The dispute is between husband and wife and the offence alleged does not fall in the prohibitory clause of section 497, Cr.P.C.
4. In the afore-referred circumstances, this petition is converted into appeal and allowed and subject to petitioner's furnishing security bond in the sum of Rs, 100,000 with one surety in the like amount to the satisfaction of trial Court, he shall be released on bail.