Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail, grant of--Repayment of loan--Dishonoured of cheques--No material and noticeable progress in trial proceedings--Offence does not fall under prohibitory clause--No previous criminal record--Validity--Accused was not to be kept incarcerated till indefinite period especially when prior to cancellation of his bail, he incessantly remained present before trial Court for a period of about ten months which reflects his good conduct in joining process of law--Registration of criminal case for offence punishable under Section 489-F, PPC is not to be used as a tool for recovery of amount for which law provides a separate remedy under CPC--Bail was allowed. ORDER Through this petition, Qaiser Ali Khan, the petitioner seeks post arrest bail in case FIR No. 610 dated 18.09.2013, offence under Section 489-F of Pakistan Penal Code, 1860, registered with Police Station B-Division, District Kasur. 2. Shortly, the allegation against the petitioner as per crime report is that as repayment of loan, he issued three cheques of different amounts to the complainant which stood dishonoured on presentation to the concerned bank. 3. Arguments heard. Record perused. 4. It has been noticed that earlier, the petitioner was granted post arrest bail in the subject FIR vide order dated 24.12.2013 passed by the learned Additional Sessions Judge, Kasur, conditionally on the basis of a compromise arrived at between the parties. Due to non-fulfilment of the condition of payment of amount settled between the parties, the post arrest bail granted to the petitioner was cancelled by the learned Additional Sessions Judge, Kasur, vide order dated 16.10.2014, where-after, the petitioner absented himself from the proceedings of trial and ultimately, he was arrested on 13.09.2015. Since then, he is behind the bars. Prior to the cancellation of his post…

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