ORDER ALI BAQAR NAJAFI, J. - The petitioner, through this petition, seeks post-arrest bail in case F.I.R.
No. 178, dated 19.04.2012 under Section 489-F, of the Pakistan Penal Code, 1860, registered at Police Station District Muzaffargarh.
2. Brief facts narrated in the F.I.R; are that the petitioner received an amount of Rs. 3,61,000/- from the complainant and in lieu thereof issued cheque in question in favour of the complainant, which when presented was dishonoured.
3. The learned counsel for the petitioner contends that there are. Business relations between the petitioner and the complainant; that the petitioner is in the judicial lock-up since 28.4.2012 and is no more required for the purpose of investigation; hence the petitioner is entitled to the concession of bail.
4. Conversely, the learned D.P.G, has vehemently opposed the prayer for grant of bail by submitting that execution of cheque is admitted and that the petitioner played fraud with the complainant to deprive him from valuable amount, hence he is not entitled to the concession of bail.
5. I have heard the learned counsel for the parties and perused the available record.
6. Prima facie there are business relations between the parties. Offence under which the petitioner has been involved does not fall within the prohibitory clause of Section 497, Cr.P.C. The petitioner is in the judicial lockup since 28.04.2012 and further incarceration of the petitioner in jail will not serve any useful purpose of the prosecution.
7. For what has been discussed above, this petition is accepted and petitioner is admitted to post arrest bail subject to furnishing of bail bonds in the sum of Rs. 1,00,000/- with two sureties in the like amount each to the satisfaction of the learned Trial Court.