Rashid Hussain, petitioner seeks post arrest bail in case FIR No, 375 dated 05.09.2013, offence under Section 489-F, PPC, registered at Police Station Kot Mithan District Rajanpur.
2. Precise allegation against the petitioner as per FIR is that he issued a cheque amounting to Rs, 35,00,000/- rupees thirty five lakh only) to the complainant which was dishonoured on its presentation.
3. Heard. Record perused.
4. The petitioner was arrested on 21.07.2016 and since then, he is behind the bars. Maximum sentence for the offence alleged against the petitioner is three years. He is no more required for the purposes of investigation by the prosecution. The petitioner is not involved in any other case of such like nature. Offence under Section 489-F, PPC does not fall within the prohibitory clause of Section 497, Cr.P.C.
5. Thus keeping in view the law laid in the case of "Zafar Iqbal vs. Muhammad Anwar and others"
(2009 SCM R 1488) ordaining that where a case falls within non-prohibitory clause, the concession of granting bail must be favourably considered and should only be declined in exceptional cases. I do not find this to be a case where it should be refused as an exception. Therefore, this petition is allowed and the petitioner is granted post arrest bail subject to his furnishing bail bond in the sum of Rs, 1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of the learned trial Court.