MUHAMMAD FAHEEM WALI, J. Petitioner, Muhammad Shafique, has moved this petition for grant of post arrest bail in case FIR No.1375 dated 20.12.2023 registered against him under Section 489-F, P.P.C. at Police Station City District Haripur.
2 The allegation against the petitioner is that he had issued two (02) cheques bearing Nos.53932668 of Rs.20,00,000/- and 53932667 of Rs.21,50,000/- in favour of the complainant, which on presentation to the concerned bank were dishonored, hence, the ibid FIR.
3. Arguments heard and record gone through.
4. Perusal of the case record would that petitioner is charged for issuance of cheques amounting to Rs.41,50,000/- in favour of the complainant, which were dishonoured on its presentation before the bank concerned. Without touching the merits of the case, suffice it to say that the offence with which the petitioner is charged does not fall within the restrictive clause of Section 497 Cr.P.C.
Besides, the offence under Section 489-F, P.P.C. is punishable with imprisonment, which may extend to three (03) years or with fine or with both. When the law provides punishment in terms of imprisonment or with fine or with both and the offence is not covered by restrictive clause of Section 497 Cr.P.C, then, in such like offence, grant of bail is a rule and refusal thereof is an exception. In case titled "Muhammad Tanveer v. The State" (PLD 2017 SC 733), the Hon'ble Supreme Court of Pakistan has held as under: "Once this Court has held in categorical terms that grant of bail in offences not falling within the prohibitory limb of section 497, Cr.P.C. shall be a rule and refusal shall be an exception then, the Courts of the country should follow this principle in its letter and spirit because principles of law enunciated by this Court are constitutionally binding on all Courts throughout the country including the Special Tribunals and Special Courts".
In a recent judgment reported as "Abdul Saboor v. The State through A.G. Khyber Pakhtunkhwa and another" (2022 SCMR 592), wherein it was held as under: "This Court in Muhammad Tanveer v. The State and another (PLD 2017 SC 733) has held that "once this Court has held in categorical terms that grant of bail in offences not falling within the prohibitory limb of section 497, Cr.P.C. shall be a rule and refusal shall be an exception then the Courts of the country should follow this principle in its letter and spirit because principles of law enunciated by this Court are constitutionally binding on all Courts throughout the country including the Special Tribunals and Special Courts." Prima facie section 489-F of P.P.C. is not a provision which is intended by the Legislature to be used for recovery of an alleged amount. It is only to determine the guilt of a criminal act and award of a sentence, fine or both as provided under section 489-F, P.P.C. On the other hand, for recovery of any amount, civil proceedings provide remedies, inter alia, under Order XXXVII of C.P.C. At this stage, only a tentative assessment of the matter is required and we cannot presume dishonesty on the part of the petitioner as any such determination would prejudice his right to a fair trial guaranteed by the Constitution of Islamic Republic of Pakistan, 1973. Liberty of a person is a precious right which cannot be taken away without exceptional foundations. The law is very liberal especially when it is salutary principle of law that the offences which do not fall within the prohibitory clause, the grant of bail is a rule while its refusal is mere an exception".
5. For what has been discussed above, this petition is allowed and the petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of rupees one lac (Rs.100,000/-) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.