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2013 MLD 1238

NASEER AHMAD vs The STATE and others

Citation2013 MLD 1238
CourtLahore High Court
Case No.Criminal Miscellaneous No,3071-B of 2012
Date2012-09-06
Judge(s)Ijaz Ahmad Chaudhry
ResultBail granted

ORDER

' IJAZ AHMAD, J.---Naseer Ahmad, the petitioner seeks post-arrest bail in criminal case F.I.R. No,371 of 2012, dated 1-7-2012 registered under section 489-F, P.P.C. At Police Station City District Khanewal.

2. The allegation against the petitioner is that in order to return the loan, the petitioner executed a cheque for the sum of Rs,8,00,000. When presented to the drawee, it was dishonored.

3. It is contended by the learned counsel for the petitioner that the cheque in question was not issued for the consideration but only as a guarantee for some transaction; that the offence does not fall within the prohibitory clause of section 497, Cr.P.C.

4. The grant of bail is opposed by the learned counsel for the complainant, learned Additional Prosecutor-General. It is contended that the criminal cases F.I.Rs, No,417 of 2009 for an amount of Rs,7,00,000, 50/2009 for an amount of Rs, 90,00,000/ and 357/2010 for an amount of Rs,5,00,000 have also been registered against the petitioner at Police Station City Khanewal and that he is a habitual offender.

5. I have heard the learned counsel for the petitioner, learned counsel for the petitioner, learned Additional Prosecutor-General and also gone through the record. Cheque in question was issued dishonestly is a fact which may only be determined after recording of evidence. The offence does not fall within the prohibitory clause of section 497, Cr.P.C. In such like cases, grant B of bail is a rule and refusal an exception. In the circumstances, the petitioner is admitted to post arrest bail subject to furnishing his bail bond in the sum of Rs,2,00,000 with one surety in the like amount to the satisfaction of the learned trial court.

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