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PLJ 2017 Cr.C. (Lahore) 352

MASHOOQ ALI vs STATE & another

CitationPLJ 2017 Cr.C. (Lahore) 352
CourtLahore High Court
Case No.Cr1. Misc. No, 6247-B of 2016
Date2016-12-01
Judge(s)Qazi Muhammad Amin Ahmed
ResultBail confirmed

ORDER

1. ' Mashooq Ali, petitioner herein, seeks bail in anticipation to his arrest in a case registered against him vide FIR No, 618 dated 7-9-2015 under Section 489-F of the Pakistan Penal Code, 1860 with Police Station Model Town Burewala District Vehari on the complaint of Abbas Yousaf, Credit Manager, NRSP Bank Burewala; it is alleged that the complainant bank advanced a sum of Rs, 510,000/- to the complainant as agricultural loan to be utilized by a community of farmers and repaid as per their respective share, however, defaulted in fulfilment of obligation as the cheque given by him was bounced.

2. 2.Heard. Record, perused.

3. 3.It is an admitted position at the bar that loan facility was collectively availed by a group of farmers and the petitioner is one of them with a fractional share in the overall default; the petitioner has his own story to relate wherein bad harvest is being blamed as a cause of failure in payment as per schedule without any element of dishonesty. The amount can be recovered under the mechanism provided for recovery of loans under the law. These aspects of the case warrant further probe. Even otherwise petitioner's remission into custody is not likely to serve any useful purpose relative to investigation. The offence complained is punishable with three years imprisonment or fine or with both. Consequently, Crl. Misc. No, 6247B/2016 is allowed; ad interim bail already granted to the petitioner is confirmed subject to his furnishing fresh bond in the sum of Rs, 260,000/- with one surety in the like amount to the satisfaction of the, learned trial Court.

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