Law:

Section:

(a) Precedent----Criminal case---Precedent had no universal application in criminal case because each case was to be dealt with in its own facts and circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail, grant of---Accused had been arrested on the charge of bouncing of cheque amounting to Rs.300,000 under S.489-F, P.P.C.---Maximum punishment of S.489-F, P.P.C., being 3 years, offence alleged did not fall within the ambit of prohibitory clause of S.497, Cr.P.C.---Mere pendency of another criminal case, or registration of another F.I.R. against accused, could not be held as valid ground for refusal of bail; and unless it was brought on record that accused had been convicted in a case of like nature---Accused having made out a case for grant of bail, he was admitted to bail, in circumstances. Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488 rel. Sultan Ahmed v. The State 2007 YLR 2723 and Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708 ref. Shameel Ahmed v. The State 2009 SCMR 174; Sohail Ahmed Babar v. The State and another 2008 SCMR 966; Naveed Maqsood v. The State 2012 YLR 674; Riaz Jafar Natiq v. The State and another 2012 MLD 232 distinguished. ORDER ABDUL RASOOL MEMON, J.---The applicant seeks post-arrest bail in Crime No.8 of 2013 registered at Police Station Tando Jam for offence under section 489-F, P.P.C. The allegation against the present applicant is that complainant Waseem Sadiq gave him Rs.300,000 for the purpose of business of motorcycles and further told him that the profit would be distributed equally but despite lapse of sufficient time applicant/accused did not return the amount to the complainant, consequently he demanded his amount from him but he kept him on false hopes and finally gave him a cheque bearing No.08692017 of Account No.00860024566101 dated 3-1-2013 of Habib Bank Limited Latifabad No.7 branch, amounting to Rs.300,000, which was presented in the Bank was dishonoured, therefore, the complainant moved an application under section 22-A and B, Cr.P.C. before the Ex-Officio Justice of Peace and under the order of Court…

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