The petitioner seeks bail after arrest in case FIR No. 538, dated 18.08.2012, under Section 489-F, PPC, registered at Police Station Kotwali, District Faisalabad.
2. Precisely the allegation against the petitioner is that he purchased the machinery installed at Arif Textile Mills for consideration of Rs. 1,11,00,000/- and to pay its cost, he borrowed the aforesaid amount from the complainant and to repay the said amount, he issued two cheques to the latter, which on presentation for encashment, were bounced by the bank due to insufficient funds.
3. Learned counsel for the petitioner submits that the allegation against the petitioner is false as he did not borrow any amount from the complainant nor he issued the cheques in question to the complainant.
4. On the other hand, learned DPG assisted by learned counsel for the complainant opposes with the contention that the petitioner is a habitual offender who has the history of involvement in two other cases of identical nature; the signatures on both the cheques were admitted by the accused and bouncing of the cheques renders the petitioner liable for a penal action under Section 489-F, PPC.
5. After hearing learned counsel for the parties and perusing the record, it is observed that the complainant alleges to have lent an amount of Rs.1,11,00,000/- to the petitioner and his- co- accused under a deal but he failed to produce any evidence in respect thereto during the course of investigation. Mere fact that the disputed cheques were issued by the petitioner and the same were bounced by the bank due to insufficient funds does not establish any element of culpability against him unless it is proved that the said instruments were issued by him in the backdrop of the rudiments, as mentioned in the above-noted penal provision of the Code. Although petitioner stands involved in two other cases of identical nature but he has not been shown as a convict in any. The offence, the petitioner is charged with, does not fall within the mischief of the prohibition of Section 497(1), Cr.P.C. Grant of bail in such like offences is a rule and rejection thereof, an exception.
On finalization of the investigation, report under Section 173, Cr.P.C. has been submitted before the trial Court vide case diary dated 30.08.2012.
In such a situation, further incarceration of the petitioner may be of no consequence to the prosecution case. Therefore, the instant application is allowed and petitioner is admitted to post arrest bail subject to furnishing bail bonds in the sum of Rs.2 lacs with two sureties each in the like amount to the satisfaction of learned trial Court.