Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 497---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Pre-arrest bail, grant of---"Pre-arrest bail" and "post-arrest bail"---Distinction---Accused though was nominated in the crime report, but High Court had to see from the facts and circumstances as to whether ingredients of pre-arrest bail were made out or not---Marked distinction existed between "pre-arrest bail" and "post-arrest bail" and considerations for both were on different footing---Scope of "pre-arrest bail" was wide---In the present case, delay of six months occurred in lodging of the crime report, for which no plausible explanation had been rendered---Cheque in question was filled in with different handwriting, and difference was in between the filling of entries and the signatures of accused---Cheque in question, having been issued during business transactions, civil litigation had been culminated into criminal liability---Culpability of accused, would be determined by the Trial Court during trial after recording of evidence---Punishment of offence, alleged to have been committed by accused, was three years, which did not fall within the prohibition contained in S.497(1), Cr.P.C.---Grant of bail in such like case, was a rule, and refusal an exception---Liberty of person was precious right, which could not be denied, only on the basis of bald allegation---Sending accused behind the bars, would serve no useful purpose---Ad interim pre-arrest bail, already granted to accused, was confirmed, in circumstances. Meeran Bux v. The State and another PLD 1989 SC 347 and Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this petition filed in terms of section 498, Cr.P.C., the petitioner seeks his pre-arrest bail in case bearing FIR No.591/2014, dated 6-5-2014, offence under section 489-F, P.P.C., registered with Police Station Iqbal Town, Lahore, at the instance of complainant, Waqas Tariq. 2. Briefly, the prosecution story as narrated by the complainant, in the FIR, is that the petitioner got two motorcycles from him on instalments and for its payment, issued a cheque…

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