Petitioner Zulfiqar Ali by way of the instant petition has prayed for pre-arrest bail in case FIR No, 114 registered under Section 489-F PPC with Police Station A-Division, Okara on 04.03.2010.
2. Briefly the prosecution case as per the FIR is that Zulfiqar Ali (petitioner) owed an amount of Rs,1,75,000/- to the complainant and he in lieu thereof issued him cheque dated 25.08.2009, drawn on the Askari Bank, M. A. Jinnah Road, Okara, which on presentation could not be enchased. Hence, the case.
3. The learned counsel for the petitioner has contended that the petitioner has falsely been implicated in the instant case on account of mala fide on the part of the complainant, as he is in league with Muhammad Iqbal, who is the brother of his brother-in-law and has rancour against with him on some family dispute; that he has not at all issued cheque in question to the complainant and also did not owe any amount to him and all the story mentioned in the FIR is fabricated one and that is why he has been declared innocent in the investigation; and that he has joined the investigation and nothing is to be recovered from him and in such circumstances, he, is entitled to the relief prayed for to save him from humiliation.
4. As against the same, the learned DPG assisted by the learned counsel for the complainant has opposed the instant petition and submitted that he is named in the FIR; that he has taken the said amount from the complainant and issued him the cheque in question, which on presentation could not be encashed and so, he is liable for the alleged offence and in such circumstances, he is not entitled to the extraordinary relief of pre-arrest bail.
5. I have carefully considered the submissions made on behalf of the parties and perused the record.
6. There is the said allegation against the petitioner in the FIR but it is interesting to note that Muhammad Iqbal, ASI P.S. A-Division, Okara, who is presently investigating the case has mentioned in his case Diary No, 16, recorded on 27.04.2010 that it has been found in the investigation that Maqbool Ahmad, who is the brother-in-law of the petitioner and brother of one Iqbal is involved in a case under Section 324 PPC of P.S. Cantt, Okara and in the same a Punchayat has been convened and in it Maqbool was fined Rs,1,75,000/- and Moulvi Abdul Rashid was appointed as an arbitrator and Iqbal had taken the cheque of Rs,1,75,000/- from Zulfiqar Ali (petitioner) and gave it to Ata Muhammad (complainant). He has also gone to mention in the same that it has been found that Zulfiqar Ali (petitioner) has neither owed any amount to the complainant nor issued the cheque in question to him and the cheque infact was given by him to Iqbal as guarantee for payment of the said amount, who had given the same to Ata Muhammad (complainant).
7. This opinion of the I.O. in the investigation ex-facie goes to the very route of the prosecution story narrated in the FIR. It is, thus, yet to be seen that, if the petitioner had owed any amount to the complainant or he had issued the cheque in question to him towards the payment of the liability of the same or as a guarantee to one Iqbal as found by the I.O. in the investigation, who had given it to the complainant. His case, therefore, is one of further inquiry into his guilt and so, covered under sub-section (2) of Section 497 Cr.P.C.
8. He admittedly has joined the investigation and nothing is to be recovered from him.
9. In these circumstances of the case, I have been persuaded to hold that he (petitioner) has succeeded to make out a case for pre-arrest bail.
10.His petition, therefore, is accepted and the ad-interim pre-arrest bail already allowed to him is hereby confirmed subject to his furnishing fresh 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 Illaqa/Duty Magistrate.
11.It is, however, clarified that the above observations are tentative in nature and meant only for the disposal of the matter in hand. These shall have no bearing at all on any body's case at trial.