Syed Muhammad Moabbar , petitioner seeks post-arrest bail in case registered vide F.I.R. No. 278/2020 dated 27.03.2020, under Section 489-F , P.P.C., at Police Station Bahau Din Zakriya, Multan.
2. Allegation against the petitioner is that of executing a bogus cheque in favour of the complainant, dishonoured after presentation.
3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the occurrence took place on 02.12.2019 but the incident was reported on 27.03.2020 with unexplained delay of more than three months. No plausible explanation is forthcoming on record for such delay . Durin g the investigation, no recovery was effected from the petitioner as the original cheque coupled with cheque return memo were lying with the complainant. The offence under Section 489-F , P.P.C. does not fall under the prohibitory clause of Section 497, Cr.P.C., and grant of bail in such like cases is rule and refusal thereto is an exception. No exceptional circumstance was pointed out either by the learned Deputy Prosecutor General or by the learned counsel for the complainant.
The petitioner has got no previous record, thus, would be believed as first offende r. He is in jail since arrest and his continuous detention for indefinite period would not advance the case of the prospection, in particular , when the trial has not witnessed any material progress till date. In the circumstances, I am inclined to exercise my discretion in favour of the petitioner .
4. In view of the above, this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court/duty Judge.