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PLJ 2016 Cr.C. (Lahore) 21

ASDULLAH RAFIQUE vs STATE and another

CitationPLJ 2016 Cr.C. (Lahore) 21
CourtLahore High Court
Case No.Crl. Misc. No. 2757-B of 2015
Date2015-08-07
Judge(s)Ch. Mushtaq Ahmad
ResultBail allowed

ORDER

' Petitioner Asdullah Rafique sought pre-arrest bail in case FIR No. 74 dated 03.03.2015, offence under Section 489-F, PPC, registered at Police Station City Kabirwala, District Khanewal.

2. Case was registered on the complaint of Haji Mukhtiar Hussain who reported that present petitioner had received an amount of Rs. 4,40,000/- as loan in presence of witnesses. For repayment of the amount, he issued a cheque which was presented before the bank authorities and the same was dishonoured on the ground of lack of funds in the account.

3. Heard. Perused.

4. During investigation it has come on record that the amount was not received as loan by the petitioner from the complainant and in fact cheque in question was of some other person who was liable to pay the amount to the complainant. The version as contained in the FIR was found incorrect during investigation. Petitioner has already joined investigation and the cheque in question is in possession of the investigating agency. The question whether provisions of Section 489F, PPC are attracted in this case, will be determined at trial after recording evidence. At present stage, guilt of petitioner needs further probe and his case calls for further inquiry. Further the offence alleged against the petitioner does not fall within prohibitory clause.

5. Resultantly, this petition is accepted and ad-interim bail already granted to petitioner by this Court is confirmed subject to furnishing fresh bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.

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