MUHAMMAD QASIM KHAN, J.---Petitioner seeks pre-arrest bail in case FIR No.390/2015 dated 22.06.2015 under section 489-F, P.P.C. Registered at police station Kotwali, District Faisalabad.
2. I have heard the arguments of learned counsel for the petitioner as well as learned Deputy Prosecutor General and on perusal of the record, it has been observed that:- i) On perusal of the original cheque, it has been observed that on its back, it is clearly mentioned that this is a security cheque; ii) In the FIR the complainant stated that there was a business transaction with the petitioner but when he appeared before the Investigating Officer on 178.11.2015(sic.) he stated that petitioner was his employee and the cheque was executed at the time of his service to protect the interest of the Firm and this fact is incorporated in case Diary No.17; iii) When both the above stances of the complainant are juxtaposed; in the light of later statement prima facie it cannot be said that the cheque was issued towards repayment of loan or fulfillment of any obligation; iv) On consideration of the material so far collected by the prosecution, prima facie, it appears that petitioner has been involved in this case due to mala Fide and ulterior motives of the complainant; v) Even otherwise, the original cheque is already with the prosecution, whereas, recovery of amount under the disputed cheque cannot be effected through criminal proceedings.
3. For what has been discussed above, respectfully placing reliance on the case "Mian Muhammad Akram v. The State and others" (2014 SCM R 1369) and "Mian Allah Dita v. The State and others" (2013 SCM R 51), this application is allowed and interim pre-arrest bail earlier granted to the petitioner is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs.200,000/- with two sureties each in the like amount to the satisfaction of learned trial court.