Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 489-F---Dishonouring of cheque issued by accused---Bail, grant of---Principles---Accused was arrested for issuing 18 cheques in lieu of a sum of Rs.3,21,90,500/- which were dishonoured on presentation to Bank---Validity---Concession of bail was a procedural relief having nothing to do with the ultimate fate of trial---If a person, otherwise was found entitled to concession of bail, his liberty could not be curtailed on the ground of charge being of heavy amount---Legislature had made offence under S. 489-F, P.P.C. punishable with an imprisonment of three years and that too without any distinction of value of cheque---Rule, in such like cases, was bail and not jail--- Deviation from such rule could only be made in exceptional circumstances; if there was an apprehension of abscondence; if there was an apprehension of repetition of offence; and if there was an apprehension of tampering with prosecution evidence---Bail was allowed in circumstances. Habib Bank Limited v. Jamilur Rehman 1994 MLD 271; Shafqat Hussain Hashmi v. The State 2012 MLD 1551 and Hakim Ali Zardari v. The State PLD 1998 SC 1 ref. THIS ORDER PASSED BY: CH. ABDUL AZIZ, JUSTICE:---.--- This is an application for post arrest bail on behalf of Anwar Masood Khan, in case FIR No.178/15 dated 21.04.2015, offence under section 489-F, P.P.C., registered at Police Station City Sargodha, District Sargodha. 2. Precisely stated the case of the prosecution as unfolded from the FIR is that the petitioner, after receiving an amount of Rs.3,21,90,500/- issued 18 cheques of different amounts to the complainant, which on presentation before the concerned Banks, were dishonoured. 3. Arguments heard and record perused. 4. It evinces from the narration of facts, incorporated in the crime report that Toqeer Anwar Kazmi (complainant) invested an amount of Rs.3,21,90,500/- with the petitioner. It further spells out from the story mentioned in the FIR that after receiving this amount, the petitioner issued 18 cheques to the complainant on the same day. From above, it reflects that the cheques in question were apparently handed over to the…

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