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PLJ 2017 Cr.C. (Lahore) 366

MUHAMMAD RAFIQUE vs STATE & another

CitationPLJ 2017 Cr.C. (Lahore) 366
CourtLahore High Court
Case No.Crl. Misc. No, 6317-B of 2016
Date2016-12-27
Judge(s)Asjad Javaid Ghural
ResultBail confirmed

ORDER

1. ' Through the instant petition, petitioner Muhammad Rafique son of Qadir Buksh has sought pre- arrest bail in case FIR No, 305 dated 11.08.2016, in respect of offence under Sections 489-F, PPC registered at Police Station City Vehari.

2. 2.The brief allegation against the petitioner is that he had issued a cheque valuing Rs, 2,00,000/- in favour of the complainant, which was dishonoured on presentation before the concerned bank on 20.06.2016. Hence, this case was registered.

3. 3.Arguments heard. Record perused.

4. 4.At the very outset, learned counsel for the petitioner has focused his argument to the effect that the cheque in question was issued by the petitioner as a guarantee, for purchasing pesticide, which was blank and was filled by the complainant himself. He concedes that the petitioner had to pay an amount of Rs, 67,000/-, and he is ready to pay the said amount to the complainant for tomorrow i,e, 28.12.2016. Learned counsel for the complainant submits that the complainant, present in the Court, is ready to receive the said amount of Rs, 67,000/- reserving his right to claim the remaining amount at the time of trial. He further adds that the complainant has no objection for confirmation of pre-arrest bail in case the said amount of Rs, 67,000/- is paid as per aforementioned undertaking. In view of this development, the offence being compoundable, the petitioner is entitled to the claim of his pre-arrest bail on the basis of aforementioned settlement arrived at between the parties in the Court.

5. ' In view of above, this petition is allowed and the concession of ad-interim pre-arrest bail already granted to the petitioner is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 100,000/- (rupees one lac) with one surety in the like amount to the satisfaction of the trial

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