Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code (V of 1898)-- ----S. 498---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Pre-arrest bail, grant of---Unexplained delay of more than two and half months in registration of FIR showed that FIR had been got recorded after due deliberation and consultation---Words "only for guarantee cheque", were mentioned on the back of cheque in dispute, which denoted that said cheque had not been issued for fulfilment of any financial obligation, rather same was a security cheque---Attraction of S.489-F, P.P.C., qua accused would be determined by the Trial Court---Accused was a previous non-convict; he had already joined the investigation which was complete---Sending accused behind the bars at such stage, would not serve beneficial purpose---False implication of accused by the complainant after joining hands with local Police, could not be ruled out---Ad interim pre-arrest bail, already granted to accused, was confirmed, in circumstances. Mian Allah Ditta v. The State and others 2013 SCMR 51 rel. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 498, Cr.P.C. the petitioner has sought pre-arrest bail in case FIR No.276/17, dated 02.06.2017 registered at Police Station City Muridkay, District Sheikhupura in respect of offence under section 489-F, P.P.C. 2. I have heard the learned counsel for the petitioner, learned Deputy Prosecutor General and learned counsel for the complainant and have also gone through the record with their able assistance. This is bail before arrest and only tentative assessment is permissible at this stage, therefore, without going into deeper appreciation of evidence, it is noticed that there is a delay of more than two and a half months in registration of FIR which has not been explained by the complainant which prima facie…

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