' ALI BAQAR NAJAFI, J. --- The petitioner seeks post arrest bail in case F.I.R. No, 392/2013, dated 31.03.2011 offence under Section 489-F, P.P.C. Registered with Police Station, Factory Area, Faisalabad.
2. The allegations levelled against the petitioner are that he had business terms with the complainant and that petitioner has purchased cotton for consideration of Rs, 3,18,000/- from the complainant on loan and had paid Rs, 50,000/- in cash and for the remaining on consideration amount of Rs, 2,68,000/- he had given three cheques to the complainant, which when presented for encashment were dishonored due to insufficient funds. The petitioner was arrested in the said case on 9.7.2013. He moved bail after arrest before the learned Addl. Sessions Judge, Faisalabad which was dismissed vide order dated 27.7.2013. Hence this petition.
3. The learned counsel for the petitioner contends that the case against the petitioner is frivolous and falsely motivated; that there is unexplained delay of four months in Iodizing in F.I.R. Without any plausible explanation; that in fact the petitioner had business terms with the complainant and the cheques were obtained not for repayment of loan; that the petitioner cannot be kept under incarceration for an indefinite period; that the petitioner is behind them. A bar since his arrest and the trial has not yet concluded; that offence does not fall within the prohibitory clause of Section 497, C.r.P.C. As the maximum sentence provided < for offence under Section 489-F, P:P.C. Is three years. Lastly, he prayed for the grant of bail.
4. Conversely, the learned APG submits that the petitioner is specifically nominated in the F.I,R. And has been assigned a specific. Role; that the petitioner is involved in certain other cases of similar nature, therefore, he is habitual offender and is not entitled for the extruding any relief of bail; that in case the petitioner is released on bail, he would repeat the same offence; that the trial is nearing its conclusion. He has requested, that the, petitioner is not entitled for the grant of bail and his bail application may be dismissed.
5. I have heard the learned counsel for the parties and perused the available record.
6. Although the petitioner is specifically named in the F.I.R. With a specific allegation of issuing the cheques to the complainant which on presentation were dishonoured, yet in this case the circumstances indicate that the cheques in question were not issued towards repayment of loan or fulfilment of an existing obligation but for future determinable obligation. Maximum sentence under Section 489-F, P.P.C. Is three years and the petitioner is behind the bars since 09.07.2013 and is not required for 'investigation purpose. At this stage, the case of the petitioner squarely falls within the ambit of Section 497 of the Cr.P.C. Asking for further inquiry as to the guilt of the petitioner. I have placed reliance upon "Mian Allah Ditta v. The State and others" (2013 SCM R 51). #TBS (Para 19) #TBE
7. In view of the above, this petition is accepted and the petitioner is allowed post arrest bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (Rupees one lac only) with two sureties in the like amount to the satisfaction of learned Trial Court.
Bail after arrest granted.