Law:

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Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail, grant of--Allegation of--Dishonoured of cheque--Accused was charged for issuance of cheque, which had allegedly been dishonoured on presentation before Bank--Admittedly, punishment provided for offence under Section 489-F, PPC imprisonment for three years or fine or both--Gravity of offence how high so ever may be and whatever type of transaction is involved, but in no case, punishment may be greater than one provided under Statue, rather it can be lesser than one provided in Statue in case of leniency of Court in light of peculiar facts and circumstances of case--Scheme of Section 497, Cr.P.C. is to release an accused on bail if his case does not fall within prohibitory clause of S.497, Cr.P.C. as in such like cases bail is a rule and refusal thereof an exception--Offence under Section 489-F, PPC not only does not fall within prohibitory limb of Section 497, Cr.P.C., but is deemed to be bailable when only sentence of fine is taken into consideration--Granted bail to accused on ground of not falling punishment of offence within prohibitory clause of Section 497, Cr.P.C. and in that case a cheque was dishonoured. 2011 SCMR 1708 and 2009 SCMR 1488 ref. Bail-- ----Scope of--Purpose of bail--When two types of sentences were provided for an offence then lesser punishment is to be considered by Courts for purposes of bail. ORDER Petitioner Haji Sardar Ali, seeks bail in case FIR No. 230 dated 14.03.2015, registered under Section 489-F, PPC, in Police Station CityMardan. 2. Allegations against the petitioner are that in connection with a joint business he handed over a Cheque No. 347323203 dated 11.12.2014 to complainant Yar Muhammad in respect of an amount of Rs. 50,00,000/-(fifty lacs) outstanding against him in connection with a joint business, which on presentation before Bank Al-Falah Mardan road, was dishonoured to due insufficient amount in the account of the petitioner, hence, this case. 3. Arguments heard and record perused. 4. Petitioner is charged for issuance of Cheque, which has allegedly been dishonoured on presentation before the concerned Bank.…

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