Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail, grant of---Further inquiry---F.I.R. stated that dishonoured cheque was given by the accused to the complainant in the backdrop of a business deal of purchase of some crop, but there was no documentary evidence regarding the deal mentioned in the F.I.R.---Dishonest intention of accused could validly be determined by the Trial Court after recording of evidence---Case of accused fell within S. 497(2), Cr.P.C and was one of further inquiry into his guilt---Accused was in jail for more than three months, without any progress in his trial and offence with which he was charged did not fall within prohibitory clause of S.497, Cr.P.C---Bail petition of accused was accepted and he was admitted to bail. ORDER MUHAMMAD ANWAARUL HAQ, J.---Through this petition Mushtaq Ahmed petitioner seeks post-arrest bail in case F.LR. No.165, dated 7-10-2011, for an offence under section 489-F PPC registered at Police Station Katha Saghral, District Khushab. 2. Learned counsel for the petitioner contends that the petitioner is innocent and has falsely been roped in this case; that there is no documentary evidence whatsoever regarding the transaction mentioned in the F.I.R.; that the offence against the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C.; that in the circumstances case against the petitioner is one of further inquiry into his guilt and that petitioner is previously non-convict and is behind the bars since 8-10-2011 without any substantive progress in his trial. 3. Conversely, learned Law Officer opposing this bail application contends that the petitioner has deprived the innocent complainant from a huge amount of Rs.6,14,000; that issuance of the disputed cheque by the petitioner is admitted and dishonouring of the same is sufficient to constitute an offence under section 489-F, P.P.C.; that there is no mala fide…

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