Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail before arrest, confirmed--Dishonoured of cheque--Cheque was issued as guarantee and not for payment of loan or fulfillment of an obligation--Dispute between parties related to specific amount instead of amount alleged in FIR--Civil nature dispute--Mala fide--As is discernable from conclusion of investigation, narrative as contained in FIR has been found to be false and, no reliance can be made upon same--During investigation of case, dispute between parties was found to be of a civil nature which has been coloured into a criminal offence by, lodging of FIR--Dispute between parties however, cheque drawn was shown to be an specific amount which also shows mala fide on part of complainant--The whole prosecution case is based on documentary evidence which is already in possession of investigation and no useful purpose would be served by sending petitioner behind bars--Nothing is to be recovered from possession of petitioner and there is no possibility of him manipulating prosecution evidence--Investigation of case is completed and already version of petitioner as well as complainant has been verified by I.O.--Involvement of accused is based on mala fide and malicious intent, is an assertion which cannot be said to be without substance or foundation at that stage--Sending accused behind bars at such stage would cause irreparable loss to his reputation. [P. 989] A & B ORDER Through this petition under Section 498, Cr.P.C. the petitioner, namely Aman Raza, seeks pre-arrest bail in case FIR No. 393 of 2019 dated 24.04.2019, registered at Police Station Baha-ud-Din Zakriya, District Multan, in respect of an offence under Section 489-F, PPC. 2. The allegation as against the petitioner, culled from the evidentiary material produce before the Court, is that he had drawn a cheque of Rs. 10,00,000/- and issued the same to the complainant, which on presentation before the concerned bank authorities, was dishonoured. 3. I have heard learned counsel for the parties and with their able assistance perused the record. 4. This is pre-arrest bail and only tentative…

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