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PLJ 2013 Cr.C. (Lahore) 41

AHMAD ALI vs STATE and another

CitationPLJ 2013 Cr.C. (Lahore) 41
CourtLahore High Court
Case No.Crl. Misc. No, 15736-B of 2012
Date2012-11-27
Judge(s)Manzoor Ahmad Malik
ResultBail admitted

ORDER

Ahmad Ali, petitioner seeks bail after arrest in case FIR No,619 dated 01.07.2011, offence under Section 489-F, PPC, registered at Police Station City Tandlianwala District Faisalabad. The allegation against the petitioner is that he issued a cheque amounting to Rs, 15,00,000/-(rupees fifteen lac) to the complainant which was dishonoured on its presentation.

2. Learned counsel for the petitioner, in support of this petition, contends that an amount of Rs, 15,00,000/- (rupees fifteen lac) only is involved in this case; that the petitioner is behind the bars and no more required for the purpose of investigation; that the offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure.

3. Learned Deputy Prosecutor General assisted by the learned counsel for the complainant opposes this bail petition on the grounds that the signatures on cheque have not been denied by the petitioner; that the fact that the same pertains to the account of the petitioner has also not been disputed.

4. Heard. An amount of Rs, 15,00,000/- (rupees fifteen lac) only is involved in this case. The petitioner is behind the bars and no more required for the purpose of investigation. The offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure. In such like cases, grant of bail is a rule while refusal an exception. No exceptional circumstances are available in this case. This petition is, therefore, allowed and the petitioner is admitted, to bail subject to his furnishing bail bond in the sum of Rs,3,00,000/- (rupees three lac) with one surety in the like amount to the satisfaction of the learned trial Court.

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