Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860, S. 489-F--Bail grant of--Dishonored of cheque due to insufficient funds--Entire prosecution case is based on documentary evidence (dishonoured cheque and slip), which is already in possession of the prosecution and as such there is no chance of tampering with the same, therefore, in such circumstances no useful purpose shall be served by keeping the petitioner behind the bars--Bail allowed. THIS ORDER PASSED BY: MALIK SHAHZAD AHMAD KHAN, JUSTICE---.--- Through the instant petition, the petitioner, namely, Muhammad Bashir Ahmad seeks post arrest bail in case FIR No.95 dated 23.2.2019, offence under Section 489-F, PPC, registered at Police Station Mustafa Abad, Kasur. 2. As per brief allegations levelled in the FIR, the petitioner purchased steel sheets for the value of Rs. 10,68,324/- from the complainant and in lieu of the payment of said material, he issued a cheque of the abovementioned amount in the name of the complainant which was presented for encashment but the same was dishonoured due to 'insufficient funds', hence, the abovementioned FIR. 3. Arguments heard. Record perused. 4. The entire prosecution case is based on documentary evidence (dishonoured cheque and slip), which is already in possession of the prosecution and as such there is no chance of tampering with the same, therefore, in such circumstances no useful purpose shall be served by keeping the petitioner behind the bars. Reference in this respect may be made to the case of "Saeed Ahmad V. The State" (1996 SCMR 1132). Furthermore, the punishment provided for the offence under Section 489-F, PPC is imprisonment, which may extend to three years. The offence mentioned in the FIR does not fall within the ambit of prohibitory clause of Section 497 Cr.P.C and grant of bail in such like cases is a rule while refusal is…

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