ALI ZIA BAJWA, J. Through the instant petition filed under section 497, Cr.P.C., the petitioner seeks his post-arrest bail in case FIR No.7929/2022, dated 19 10.2022, offence under section 489-F, P.P.C., registered with Police Station Kahna, District Lahore.
2. Precisely, accusation against the petitioner, as per contents of the crime report is that, he received a loan of an amount of Rs.50,00,000/- from the complainant, and for repayment of the same issued a cheque in his favour, which on presentation for encashment before the concerned bank was dishonored.
3. Arguments heard. Record perused.
4. Perusal of the crime report reflects that there is an unexplained delay of more than one year in registration of the crime report. It is evinced from the crime report that the petitioner had business terms with the complainant. It was the contention of the complainant that the disputed cheque was issued by the petitioner for the return of loan amount, whereas, according to the learned counsel for the petitioner that the blank cheque was given to the complainant as a guarantee who tempered the same. He further submits that the petitioner did not obtain any amount from the complainant. However, such controversy would be resolved by the learned trial court after recording of evidence.
5. It is observed that maximum punishment of offence under B section 489-F, P.P.C. is not more than three years, as such, the same does not fall within the ambit of prohibitory clause of section 497(1), Cr.P.C. Bail in such like cases is a rule and refusal an exception, but no exceptional circumstances could be pointed out by the learned Law officer as provided in the case of Tariq Bashir[1]. The revered Supreme Court of Pakistan in a latest verdict handed down in the case of Abdul Saboor[2] held that registration of criminal case under section 489-F, P.P.C. is not a mechanism for recovery of amount due towards the accused rather civil proceedings provide remedies, inter alia, under Order XXXVII of the C.P.C.
6. Petitioner is previously non-convict and non-record holder. He is behind the bars since his arrest, and his person is no more required to the police for the purpose of further investigation. Further incarceration of the petitioner in jail, for an indefinite period, would not serve any useful purpose for the prosecution.
7. Resultantly, the instant bail petition is allowed and the petitioner is admitted to bail after arrest, subject w his furnishing bail bonds in the sum of Rs.1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial court.
1. Tariq Bashir and 5 others v. The State" (PLD 1995 SC 34)
2. "Abdul Saboor v. The State through A.G. Khyber Pakhtunkhwa and another" (2022 SCMR 592)