Petitioner Ch. Farooq Alam seeks post arrest bail in case FIR No 1304/2011, dated 12.12.2011, under Section 489-F, PPC, Police Station Shad Bagh, Lahore. The allegation against the petitioner is that he issued a cheque of Rs,4,00,000/- to the complainant, which on its presentation in the Bank, was not en-cashed.
2. Learned counsel for the petitioner, in support of this bail petition, contends that the petitioner is behind the bars since 16.5.2012; that the offence alleged against the petitioner does not fall, within the prohibitory clause of Section 497, Cr.P.C. that the petitioner is a previous non-convict and that, in the afore-referred circumstances, petitioner is entitled to bail.
3 The learned Law Officer, assisted by the learned counsel for the complainant, while opposing the bail petition, contends that the petitioner has not denied his signatures on the cheque in question, therefore, the provisions of Section 489-F, PPC are fully attracted; that the petitioner is involved in other cases of similar nature and that the petitioner is not entitled to bail but the learned DPG has conceded that although petitioner in involved in other cases of similar nature but there is no conviction in any case.
4. Heard. I have noted that an amount of Rs,4,00,000/- is involved in this case but the fact remains that the petitioner is behind the bars since 16.5.2012. Apart from above, the offence does not fall within the prohibitory clause of Section 497, Cr.P.C. and in such like cases grant of bail is a right while refusal is an exception. The learned counsel for the complainant has contended that the petitioner is also involved in three other cases of similar nature but the learned DPG has conceded that the petitioner has not been convicted in any such case. Therefore, this petition is allowed and the petitioner is admitted to bail subject to his furnishing 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 learned trial Court.