Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Bail, grant of--Entitlement--Further inquiry--Where the case of the accused became one of further inquiry into his guilt, and where the offence was not covered under the prohibitory clause of S. 497(1) Cr.P.C, grant of bail was to be a rule and refusal an exception--Bail granted. Criminal Administration of Justice-- ----Each criminal case is to be adjudged in the background of its own facts and circumstances and the facts of the two criminal cases seldom co-incide. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, JUSTICE---.--- Petitioner Muhammad Shahid by way of the instant petition has sought for post-arrest bail in case FIR No. 29 registered under Sections 420/468/471 PPC with Police Station Civil Lines, District Gujranwala on 14.01.2010. Later on the police is stated to have added the offence under Section 489-F PPC in the same. 2. Briefly the allegation against him as per the FIR is that he had business relation with the complainant and they had some settlement in respect of the due amount Rs. 30,11,200/- upon him. He on 28.07.2009, had issued a cheque drawn on National Bank of Pakistan, Railway Headquarters, Lahore Branch in respect of that amount in his (complainant) name. About two days prior to 29.07.2009, he requested him not to present the cheque to the bank and promised to pay him the entire amount in cash soon. He, thereafter, had been putting him off. The complainant when presented the said cheque to the bank concerned for encashment, the same was dishonoured on 03.12.2009. It also transpired that the cheque infact belonged to the account of some one else and not in his name and he in this way has also defrauded him (complainant) with malafide intention. 3. After hearing the learned counsel for the parties and perusing the record, I find that the prosecution allegation, if at all may be taken true as it is, the same ex-facie attracts an offence under Sections 420/489-F PPC and not under Sections 468 & 471 PPC. It is because of the fact that dishonouring of the cheque is another matter, whereas the issuance of cheque in respect of the account of some one else on the face of things the other…

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