Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail after arrest, grant of--Further inquiry--Dishonoured of cheque--Allegation of--Delay in FIR almost of months--No plausible explanation--Petitioner is previous non-convict and the offence with which the petitioner is charged does not fall under the prohibitory clause of Section 497, Cr.P.C.--Held: Grant of bail is a rule and its refusal in as exception--He is behind the bars--Investigation of the case is complete and he is no more required for further investigation--His further incarceration in jail would not serve any useful purpose--Case of the petitioner becomes one of further inquiry covered by sub-section (2) of Section 497, Cr.P.C.--Bail was allowed. PLJ 2010 SC 1087 & 2011 SCMR 1708, ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 489-F--Section 489-F, PPC is not a mechanism for the recovery of amount--It is just a penal section and carries punishment of three years only; ultimately the complainant has to file suit under Order XXXVII CPC for the recovery of his amount. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE---.--- Through this petition under Section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No. 112/16 dated 19.2.2016 under Section 489-F, PPC, Police Station Kotwali, Jhang. 2. The arguments advanced by learned counsel for the parties have been heard and the record of this case has been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed by this Court that there is a delay of almost two months in registration of FIR which has not been explained by the complainant, which prima facie…

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