Through this petition, the petitioner seeks post arrest bail in case FIR No. 233 dated 21.06.2019, registered under Section 489-F , PPC at Police Station Mograh, Rawalpindi.
2. As per FIR, the petitioner had borrowed Rs. 22,00,000/-, from the complainant and towards its return executed a cheque of the said amount, in favour of the complainant but dishonoured.
3. On one hand, the above mentioned stance has been alleged in the FIR, whereas on the other hand, agreements between the parties are in the file showing certain other facts and circumstances. In a civil suit filed by the petitioner against the complainant a written statement has been submitted under Paragraphs Nos. 7, 8 & 9 of which certain payments by the petitioner , to the complainant have been admitted.
4. The above mentioned facts and circumstances are sufficient to hold the case of the petitioner , as of further inquiry within the meaning of sub-section (2) of Section 497, Cr.P.C. Furthermore, the offence charged against the petitioner does not fall within the prohibitory clause of Section 497, Cr.P.C. and in such like cases basic rule is bail and refusal an exception. No exceptional circumstance is available before the Court on the basis of which bail of the petitioner may be refused. The petitioner is lying in the jail, hence no more required to the police for the purpose of any further investigation in this case. As per record maintained by the police, he is previously a non- convict.
5. Resultantly , the petition in hand is allowed and the petitioner is admitted to bail, subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (Rupees one lac only), with one surety , in the like amount to the satisfaction of the learned trial Court.