Law: Criminal Procedure Code (V of 1898)

Section: 498,497

Law: Penal Code (XLV of 1860)

Section: 489-F

(a) 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---Scope---Accused was alleged to have issued a cheque which was dishonoured on its presentation---Cheque was issued to the complainant for the consideration that he would take back the suit filed by him against the accused and not for repayment of a loan or fulfilment of any monetary obligation---Whether liability of the accused for the alleged offence was punishable under S.489-F, P.P.C. would be determined by the Trial Court after recording of evidence---Investigation of the case had already been concluded---Sending the accused behind the bars would not serve any useful purpose and would cause irreparable loss to his reputation---Petition for grant of pre-arrest bail was allowed, in circumstances. Khalil Ahmad Soomro and others v. The State PLD 2017 SC 730 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Tentative assessment---Scope---Only tentative assessment of the evidentiary material produced before the court can be made at bail stage. Mir Muhammad Ghufran Khurshid Imtiazi for Petitioner. Syed Sajid Hussain Shah for the Complainant/Respondent No.2. Khalid Pervaiz Opal, Deputy Prosecutor General with Saqib Khan, ASI for the State. ORDER SADIQ MAHMUD KHURRAM, J. Through this petition under section 498, Cr.P.C., the petitioner, namely Attique Ahmad, seeks pre-arrest bail in case FIR No.372 of 2020 dated 06.03.2020, registered at police station Naseerabad, District Rawalpindi, in respect of an offence under section 489-F, P.P.C. 2. The allegation as against the petitioner, culled from the evidentiary material produced before the Court, is that the petitioner had allegedly drawn a cheque of the total value of Rs.62,00,000/- and issued the same to the complainant, which, on presentation before the concerned bank authorities, was dishonoured. 3. I have heard the arguments of learned counsel for the parties as well as the learned Deputy Prosecutor General and perused the record with their able assistance. 4. This is a pre-arrest bail petition and only tentative assessment of the evidentiary…

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