Law: Pakistan Penal Code, 1860

Section: 489F

(a) Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), S.489-F---Bail, refusal of---Grant of concession of bail in non-bailable offences being discretionary, the same could not be demanded as of right---Accused was allegedly involved in the commission of a series of identical crimes under S.489-F, P.P.C. which had stigmatized him with habituality weighing against grant of bail---Admission of guilt by the accused was also an exceptional circumstance which together with element of fraud inherent to the offence, had made the case utterly unsuitable for the grant of bail to him---Bail was refused to accused in circumstances. Muhammad Siddiqui v. Imtiaz Begum and 2 others 2002 SCMR 442; Imtiaz Ahmed v. The State PLD 1997 SC 545; Unilever Pakistan Ltd. v. Muhammad Rafique and another 2005 YLR 686 and Lal Hussain v. Muhammad Akber and 2 others 1995 PCr.LJ 946 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant or refusal of---Principles---Bail in non-bailable offences is discretionary and cannot be demanded as of right. Muhammad Siddiqui v. Imtiaz Begum and 2 others 2002 SCMR 442 and Imtiaz Ahmed V. The State PLD 1997 SC 545 ref. ORDER UMAR ATA BANDIAL, J.---This petition for post-arrest bail arises out of case F.I.R. No.82 dated 2-5-2005 alleging commission of offence under section 489-F, P.P.C. registered at Police Station City Chakwal. Arshad Mehmood complainant has alleged that on the strength of relations and dire need the petitioner on 25-12-2003 obtained loan in the amount of Rs.2,00,000 cash from the complainant in the presence of witnesses named in the F.I.R. The money was to be returned after a month. The petitioner failed to repay and ultimately wrote a cheque in the amount of Rs.2,00,000 dated 7-5-2004 drawn on his account in MCB Chakwal. On presentation the cheque was dishonoured with his remarks that the petitioner had closed the said account on 15-7-2003. 2. Learned counsel for the petitioner has urged that maximum punishment for the offence alleged under section 489-F, P.P.C. is three years. The petitioner has already spent five months in jail; no recovery has been effected from him and although challan…

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