Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Ad interim pre-arrest bail, confirmation of---Cheques referred to in the F.I.R. had not been issued in favour of complainant as the name of complainant did not figure anywhere---Question as to whether cheques referred to in the F.I.R. were issued by the accused with dishonest intention in order to discharge an existing financial obligation, would be determined by the Trial Court during trial---Accused was charged with S. 489-F, P.P.C, which carried maximum punishment of three years imprisonment and thus it did not fall within the prohibitory clause of S. 497(1), Cr.P.C.---Accused had also alleged that F.I.R. was lodged by complainant with mala fide intention and ulterior motives---Record did not show that accused was a previously convicted offender---Ad interim pre-arrest bail already allowed to accused was confirmed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(1)---Offences not punishable with death, imprisonment for life or imprisonment for ten years---Bail---Scope---Grant of bail in case of such offences was a rule and refusal thereof an exception. ORDER MUHAMMAD YAWAR ALI, J.---Through this petition filed under section 498, Cr.P.C, the petitioner Moiz Aly Manji seeks pre-arrest bail in F.I.R. No.383 of 2012, dated 1-8-2012, for offence under section 489-F, P.P.C. registered at Police Station Shadman, District Lahore. 2. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely roped in this case; the instant F.I.R. has been lodged with a delay; the cheques as referred to in the F.I.R. were never issued by the petitioner; the petitioner has been charged with an offence which does not fall within the prohibitory clause of section 497, Cr.P.C; the petitioner is a previous non-convict no more required for further investigation of the case. 3. The learned Additional Prosecutor-General as well as the learned counsel for the complainant have opposed the instant petition by submitting that the petitioner is named in the F.I.R. and a specific role has been attributed to him;…

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