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PLJ 2020 Cr.C. (Lahore) 852

Aamir Mateen vs State, etc

CitationPLJ 2020 Cr.C. (Lahore) 852
CourtLahore High Court
Case No.Crl. Misc. No. 72818 of 2019
Date2020-03-16
Judge(s)Sardar Ahmad Naeem
ResultPetition dismissed

ORDER

Aamir Mateen, petitioner seeks pre-arrest bail in case registered vide F.I.R. No. 630/2019 dated 18.06.2019, under Section 489-F , P.P.0 at Police Station Iqbal Town Lahore.

2. Allegedly , the petitioner issued a bogus cheque in favour of the complainant, dishonoured after the presentation.

3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the incident was reported with reasonable promptitude. The petitioner is nominated in the crime report with specific role of executing a cheque in favour of the complainant, allegedly , dishonoured after its presentation. The version of the complainant is supported by the disputed cheque as well as cheque return memo. The statement of PWs recorded under Section 161, Cr.P.C. also strengthened the prosecution story . Deeper appreciation of evidence cannot be undertaken at this stage and the Court only has to sift the material in a tentative manner . Even otherwise, pre- arrest bail is not a substitute for post-arrest bail. The apex Court in a recent judgment titled "Ghulam Farooq Channa v. Special Judge ACE (Central-I) Karachi & another " passed in Criminal Petition No. 169 of 2020 observed that remedy oriented in equity cannot be invoked in every run of the mill criminal case, prima facie supported by material and evidence, cons tituting a non-bailable/ cognizable offence, warranting arrest, an inherent attribute to the dynamics of Criminal Justice System with a deterrent impact; it is certainly not a substitute for post- arrest bail. Reliance in this respect can also be placed on "Rang. Abdul Khaliq v. The State and others" (2019 SCMR 1129). Learned counsel for the petitioner also could not establish that his intended arrest was tainted with mala fide. The Investigating Agency confirmed the involvement of the petitioner in this case. In the circumstances, the petitioner failed to make out a case for confirmation of ad-interim bail.

4. In view of the above, there is no merit in this petition which is hereby dismissed. Ad-interim pre-arrest bail earlier granted to the petitioner is recalled.

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