Through this petition under Section 497, Cr.P.C. Naseer Ahmad petitioner has sought bail after arrest in case FIR No, 135/15, dated 04.05.2015 registered at Police Station Sadar Phoolnagar, District Kasur in respect of an offence under Section 489-F, PPC.
2. After hearing the learned counsel for the parties and going through the record with their able assistance it has been noticed that this is bail after arrest and only tentative assessment is required at this stage. There is a delay of one year, three months and three days in registration of the FIR which has not been explained by the complainant. It is an admitted fact that the petitioner is behind the bars since 15.11.2015 without any substantive progress in his trial in spite of the fact that report under Section 173, Cr.P.C. in this case has already been submitted in the learned trial Court. The petitioner is previously non-convict, never involved in any case of similar nature.
Admittedly the complainant has got- the remedy of filing suit under Order XXXVII, CPC before the Court of competent jurisdiction for the recovery of disputed amount. I may observe here that Section 489-F, PPC is not a mechanism for the recovery of money in dispute. This is a penal section which carries maximum punishment of three years. The question whether the cheque in issue is a guarantee cheque or the same has been issued for fulfillment of financial obligation will be resolved by the learned trial Court at the time of trial after recording evidence in this case. The offence with which the petitioner is charged does not fall within the prohibitory clause of Section 497, Cr.P.C. In such like cases grant of bail is a rule and its refusal is an exception. Reliance in this regard is placed on the case of Tariq Bashir and 5 others v. The State (PLD 1995 SC,34) and Riaz Jafar Natiq v. Muhamamd Nadeem Dar and others (2011 SCM R 1708).
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of sub-section (2) of Section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs, 100,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.