Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), S. 489-F---Constitution of Pakistan, Art. 185(3)---Dishonestly issuing a cheque---Pre-arrest bail, grant of--- Amount given by way of entrustment---Complainant had allegedly handed over some amount to the accused by way of trust---Cheque issued by accused in favour of complainant to return the said amount prima facie was not issued towards repayment of any loan or fulfilment of an obligation so as to attract S. 489-F, P.P.C.---Question as to whether S. 489-F, P.P.C. was attracted in the present case required further inquiry---During investigation no evidence came on record regarding any obligation on the part of the accused to repay any amount to the complainant---Accused had already joined the investigation---Petition for leave to appeal was converted into appeal and allowed, and consequently accused was granted pre-arrest bail. Petitioner in person. Complainant in person. Ch. Zubair Ahmad Farooq, Additional Prosecutor-General, Punjab and Sikandar, A.S.-I. for the State. Date of hearing: 29th January, 2013. ORDER ASIF SAEED KHAN KHOSA, J.---Through this petition Mian Muhammad Akram petitioner has sought leave to appeal against the order dated 16-1-2013 passed by a learned Judge-in-­Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 234-B of 2013 whereby pre-arrest bail was refused to him in case F.I.R. No. 471 registered at Police Station Mustafa Abad, District Lahore on 14-11-2012 in respect of an offence under section 489-F, P.P.C. 2. We have heard the petitioner in person, the complainant in person and the learned Additional Prosecutor-General, Punjab appearing for the State and have gone through the relevant record of the case with their assistance. It has straightaway been observed by us that according to the F.I.R. the amount in issue had been given by the complainant to the petitioner by way of entrustment and, thus, the cheque statedly issued by the petitioner in favour of the complainant was prima facie…

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