ASJAD JAVAID GHURAL, J.---Through instant petition under section 498, Cr.P.C, petitioner Muhammad 'Ishaq has sought the premium of bail before arrest in case FIR No.44/21 dated 15.01.2021 registered under section 489- F, P.P.C. at Police Station, City Samundari, District Faisalabad.
2. The allegation against the petitioner is that he purchased poultry feed from the complainant for an amount of Rs.3,95,07,032/- and in lieu thereof dishonestly issued a cheque of equal amount to discharge his obligation, which was dishonoured on its presentation before the concerned bank. Hence, this case was registered.
3. I have heard learned counsel for the petitioner , learned Additional Prosecutor General appearing for the State and perused the record.
4. The issuance of cheque by the petitioner and his signature thereon are admitted one. The plea of the petitioner is that the disputed cheque was infact issued as a "guarantee" but nothing as such is found mentioned in the said cheque, therefore, at this stage, oral submission 6f the petitioner cannot be given credence. As far as submission of the petitioner that he has already filed a civil suit seeking cancellation of said cheque is concerned, suffice it to say that merely on the basis of filing of such suit no case for grant of extra ordinary relief of pre-arrest bail is made out. During investigation, the petitioner has been found guilty . Pre-arrest bail is an extra ordinary relief, which is meant only for innocent persons where the intended arrest of an accused is found to be actuated by mala fide on part of the complainant or the police as held by august Supreme Court of Pakistan in case titled "Mukhtar Ahmad v.
The State " (2016 SCMR 2064 )". In this backdrop, learned counsel for the petitioner has failed to point out any malice or ulterior motive on the part of the complainant to falsely implicate the petitioner in this case, therefore, he is not entitled to the claim prayed for .
In view of above, the petition in hand is without any merit, the same stands dismissed . Order granting ad interim pre-arrest bail to the petitioner is hereby recalled.