1. Through this petition under Section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No, 70/2008 dated 14.02.2008 under Section 489-F, PPC, Police Station Madina Town, Faisalabad.
2. 2.I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail after arrest and only tentative assessment is allowed at this stage. It has been noticed by this Court that there is a delay of three months and nine days in registration of FIR which has not been explained by the complainant, which prima facie reflects that the FIR has been got recorded after due deliberation and consultation. Admittedly the petitioner is previous non-convict. The offence with which the petitioner is charged does not fall under the prohibitory clause of Section 497, Cr.P.C. He is behind the bars since 07.04.2015, investigation of the case is complete and he is no more required for further investigation, therefore, his further incarceration in jail would not serve any useful purpose. Mere registration of other criminal cases without conviction or abscission of the accused are no grounds to refuse bail to him, if otherwise he has become entitled for the concession of bail on the merits of the case.
3. It may be observed here that Section 489-F, PPC is not a mechanism for the recovery of amount.
3. It is just a penal provision which carries punishment of three years only. Ultimately the complainant has to file suit under Order XXXVII, CPC for the recovery of his amount.
4. 4.For what has been discussed above, taking guidance from 2011 SCM R 1708, this petition is allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs, 1,00,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court.
5. 5.The observations made herein above are tentative in nature and are strictly confined to the