Aggrieved of the orders dated 24.01.2013 and 17.01.2013 of the learned Additional Sessions Judge-VI, Peshawar and the learned Judicial Magistrate-IX, Peshawar respectively whereby bail was declined to him the accused/petitioner Saeed Ahmad Khan has moved the instant petition for the same relief in case FIR No, 81 dated 11.02.2012 registered under Section 489-F, PPC at Police Station Tehkal, District Peshawar.
2. The allegations as contained in the FIR lodged by the complainant namely, Shahid Farooq are that on 14.11.2011, the accused/petitioner had issued a cheque for- an amount of Rs, 5,50,000/-in his favour which on presentation was dishonoured by the Standard Chartered Bank due to insufficient amount in the account of the accused/petitioner.
3. Learned counsel for the petitioner contended that the accused/petitioner is innocent and has been falsely charged due to mala fide intentions; there is delay of about three months in lodging the report; that substantial amount on account of disputed cheque has already been received by the complainant; that the offence with which the accused/petitioner is charged does not fall within the prohibitory clause of Section 497, Cr.P.C. and that co-accused of the petitioner charged with similar has already been released on bail, therefore, on the principle of consistency too, the accused/petitioner deserves to be released on bail.
4. The learned State counsel assisted by the learned counsel for the complainant on their turn opposed the bail application on almost the same grounds as enumerated in the impugned orders.
5. Arguments heard and record perused.
6. As per the FIR, the occurrence allegedly took place on 14.11.2011 while the report was lodged on 11.02.2012 at 1500 hours and that too, on the written application of the complainant dated 10.02.2012.
In the said complaint, the allegations against the accused/petitioner are that on various occasions, he had obtained an amount of Rs, 2,17,231/-on account of SIMs/stock as well as obtained Rs, 1,69,000/- from the employees of the complainant as loan and in this respect he had executed an Iqrarnama and that he had obtained various amounts from other persons and accordingly issued a cheque for an amount of Rs, 5,50,000/- favouring the complainant. In the first hand, the cheque amount does not reconcile with the figures furnished by the complainant.
Secondly, getting loans for various amounts from other persons is none of the business of the complainant as the accused/petitioner can be held accountable for the same by the aggrieved persons themselves. Lastly, the complainant has not come up with a correct amount presently outstanding against the accused/petitioner and is just beating about the bush. Tentative assessm ent of all these factors taken in juxtaposition takes the case of the accused/petitioner to one of further inquiry entitling him to the concession of bail.
7. For the reasons mentioned above, this petition is accepted and the accused/petitioner Saeed Ahmad Khan is admitted to bail on furnishing bail bonds in the sum of Rs, 2,00,000/- (Rupees two lacs) with two sureties each in the like amount to the satisfaction of the learned Illaqa/Judicial Magistrate who shall ensure that the sureties are reliable and men of means.
8. Any observations Made in the order being tentative in nature should in no way prejudice the proceedings before the learned trial Court.
9. Above are the detailed reasons for my short order of even date.