Ata Ghouns, petitioner seeks pre-arrest bail in case FIR No, 615 dated 07.11.2018 under Section 489-F , PPC registered at Police Station City Rajanpur , District Rajanpur .
2. Allegedly , the petitioner dishonestly executed a cheque in favour of the complainant, ultimately dishonoured.
3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the FIR was registered with unexplained delay of more than two months. The original cheque and the cheque return memo. is not available on the record. The version of the complainant is falsified by the investigating agency which revealed that the petitioner handed over the cheque to the complainant by way of securi ty on behalf of his brother . The offence does not fall under the prohibitory clause of Section 497, Cr.P.C. It is difficult to prove the element of mala fide by the accused through positive/solid evidence/ material and the same is to be deduced and inferred from the facts and circumstances of the case. The petitioner has joined the investigation and nothing was recovered from his possession. Mala fide was asserted in the petition and there was no allegation of misuse of ad-interim pre- arrest bail.
4. For the reasons mentioned above, the application is accepted and the ad-interim pre-arrest bail earlier granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 100,000/- with one surety in the like amount to the satisfaction of learned trial Court/Duty Judge. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.