The petitioner Muhammad Sarfraz seeks post-arrest bail in case FIR No, 28/2012 dated 09.01.2012, registered under Section 489-F, PPC at Police Station City Sadiqabad District Rahim Yar Khan with the allegation that the petitioner dishonestly issued a Cheque No, 790350 dated 13.10.2011 amounting Rs, 10,00,000/- of Muslim Commercial Bank, Limited which on presentation on 14.10.2011 by the petitioner was dishonoured.
2. It is contended on behalf of the petitioner that the FIR has been lodged with the delay of about three months which is not properly explained; that the offence as alleged against the petitioner does not fall within the ambit of prohibitory clause; that the petitioner is behind the bars and no more required by police for further investigation and keeping the petitioner in jail for indefinite period would not serve any useful purpose to the prosecution, hence, he is entitled to concession of bail.
3. Conversely, learned Deputy Prosecutor General assisted by learned counsel for the complainant contended that the petitioner dishonestly issued the impugned cheque which was dishonoured by the concerned bank on its presentation.
4. Arguments heard. Record perused.
5. Perusal of record transpires that the occurrence took place on 14.10.2011 and the FIR was lodged on 09.01.2012 i,e, with the delay of more than 21/2 months, which is not explained and such delay prima-facie gives rise to presumption of having the petitioner involved with mala fide. The petitioner is behind the bars since 01.04.2012 without any progress in the trial. Even charge against the petitioner has not been framed, so keeping the petitioner in jail for an indefinite period would not serve any useful purpose. The offence under Section 489-F, PPC does not fall within the prohibitory clause of Section 497(1), Cr.P.C. and carries a maximum punishment of three years imprisonment.
6. I view of above and keeping in view the law laid down in the case titled "Riaz Jafar Natiq Vs. Muhammad Nadeem Dar and others" (2011 SCM R 1708) 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, the instant petition is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail-bonds in the sum of Rs, 100,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned Trial Court.