' Muhammad Yaseen, petitioner seeks pre-arrest bail in case FIR No, 226 dated 05.03.2014 offence under Section 489-F, PPC registered at Police Station Cantt. District Multan.
2. Precisely the allegation against the petitioner, as per FIR, is that he issued a cheque of Rs, 12,00,000/- (rupees twelve lakh only) to the complainant which was dishounoured on its presentation.
3. After hearing the learned counsel for the parties as well as learned DDPP and going through the record it has been observed as follows:--
(a) As per FIR, the alleged incident took place on 24.01.2014 and the FIR was got lodged on 05.03.2014 i.e, after the delay of about one month and nine days.
(b) Learned DDPP under instructions of the police official, present in Court and after perusal of record has confirmed that during the course of investigation, it was concluded by the police that the petitioner received Rs,2,00,000/- (rupees two lakh only) from the complainant and gave him a blank cheque, who incorporated Rs, 12,00,000/- (rupees twelve lakh only) therein.
(c) Section 489-F, PPC has not been promulgated for using as a tool for recovery of amounts for which civil remedy has been provided by law. Reliance is hereby placed on "Riaz Jafar Natiq versus Muhammad Nadeem Dar and others" (2011 SCM R 1708) & "Zafar lqbal versus Muhammad Anwar and others" (2009 SCM R 1488). In absence of any exceptional circumstances, grant of bail to an accused is a right and refusal is an exception.
(d) No useful purpose would be served by sending the petitioner behind the bars.
4. For what has been observed above, mala fide on the part of the complainant for false implication of the petitioner cannot be ruled out. This petition is, therefore, accepted and ad- interim pre-arrest bail already allowed to the petitioner vide order dated 04.04.2016 is hereby confirmed subject to his furnishing fresh bail bond in the sum of Rs, 1,00,000/- (rupees one lakh only5 with one surety in the like amount to the satisfaction of the learned trial Court.
5. Before parting with this order, it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition, which shall not influence the learned trial Court in any manner whatsoever.