Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail, cancellation of---Principles---Civil suits were pending regarding the same dispute when the F.I.R. was filed---Question as to whether a cheque issued to 'self' and dishonoured on presentation, could be said to be issued with dishonest intention, or towards payment of loan, or fulfilment of an obligation, would seriously need consideration at trial---Case, in circumstances, would come within the ambit of "further inquiry", as envisaged under S.497(2), Cr.P.C.---Investigation of present case had already been finalized, and the challan had been submitted---Physical custody of accused, in circumstances, was not required at that stage for the purpose of investigation---No allegation had been levelled before the court, nor any material had been brought on record by the complainant regarding any misuse or abuse of the concession of bail by accused---Petition for cancellation of bail being devoid of merits, was dismissed, in circumstances. Umar Hayat v. The State 2008 SCMR 1621; Mst.Noor Habib v. Saleem Raza 2009 SCMR 786; Muhammad Imran v. Gohar Rehman 1982 SCMR 1068 and Shahid Arshad v. Muhammad Naqi Butt 1976 SCMR 360 rel. JUDGMENT MALIK MANZOOR HUSSAIN, J.---Through this petition, petitioner Johar/ complainant seeks cancellation of pre-arrest bail, granted to the accused-respondent Zakir Hussain, by the learned Additional Sessions Judge, Peshawar, through order dated 3-1-2013, in case F.I.R. No.610, dated 19-11-2012 under section 489-F, P.P.C. 2. Facts leading to the present petition, in brief, are that the petitioner Johar Khan submitted written application to the SHO Police Station Khan Raziq Shaheed, Peshawar to the effect that the accused-respondent had taken sufficient amount in connection with business and in case of default, it was settled that a residential house would be given to the petitioner, however, neither the house was transferred nor the accused-respondent made any payment to present petitioner. As alleged, in order to settle the matter amicably, a Jirga was convened and according to the verdict of the Jirga two cheques…

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