' ABDUL SAMI KHAN, J.---Through this petition under section 497, Cr.P.C. Nadeem' Anjum petitioner has sought bail after arrest in case F.I.R. No. 840/11, dated 14-11-2011 registered at Police Station City Kamoki, District Gujranwala in respect of an offence under section, 489-F, P.P.C. During the investigation of this case sections 420/468/ 471, P.P.C. Were added to the F.I.R.
2. It is contended by the learned counsel for the petitioner that there is a delay of one month in registration of the F.I.R. Which is absolutely not explained by the complainant and this shows that time has been consumed by the complainant to think over the matter and then she falsely implicate the petitioner in this case. Further submits that disputed cheque belonging to one Jameela Bibi and the account is also in the name of said Jameela Bibi whereas the petitioner has no concern with the disputed cheque There is no report of Handwriting Expert on the record of this case. The police with mala fide intention added sections 420/468/471, P.P.C. In this case to give heinous touch to the case. The petitioner is previously non-convict, he is behind the bars since 18- 11-2011, investigation is completed, therefore, concession of bail be extended in favour of the petitioner.
3. On the other hand the learned Deputy Prosecutor-General while opposing this bail petition contends that a huge amount of Rs.7,50,000 is involved in this case wherein a widow has been defrauded by the petitioner. The petitioner has been found guilty during the investigation of this case. In response to a query put by this Court the learned Deputy Prosecutor-General after going through the record submits that there is no report of Handwriting Expert available in the file. During the investigation of this case sections 420/468/471, P.P.C. Were added in the F.I.R. There is sufficient material available on the file to connect the petitioner with the commission of the offences, therefore, petition may dismissed.
4. Arguments heard, record perused.
5. Without going into deeper appreciation of the case it is noticed that there is a delay of one month in registration of the F.I.R. Admittedly the cheque and account belong to one Jameela Bibi who has been declared innocent during the investigation of this case. So far there is not report of the Handwriting Expert which could establish that the cheque was filled and signed by the petitioner. As far as section 489-F, PPC is concerned it carries punishment of three years and does not fall within the prohibitory clause of section 497, Cr.P.C. So far as sections 420 and 471, P.P.C. Are concerned, the same are bailable whereas section 468, PPC is non-cognizable and carries punishment of seven years, therefore, same does not fall within the prohibitory clause of section 497, Cr.P.C. The petitioner was arrested in connection with this case on 28-11-2011 and since then he is behind the bars. The offence with which the petitioner is being charged does not fall within the prohibitory clause of section 497, Cr.P.C. In such like cases grant of bail is a rule and its refusal is an exception. Reliance in this regard is placed on the case of Tariq Bashir and 5 others v. The State (PLD 1995 SC 34). This renowned judgment passed in supra case was also followed in a very recent judgment reported as Riaz Jafar Natiq v. Muhammad Nadeem Dar and others (2011 SCM R 1708).
6. For what has been 'discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.100,000 (Rupees one hundred thousand only) each with two sureties each in the like amount to the satisfaction of the learned trial Court.