Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail after arrest, grant of--Allegation of--Dishonoured of cheque--Entire prosecution case is based on documentary, evidence (dishonoured cheque and bank slip), which is already in possession of prosecution and as such there is no chance of tampering with same, therefore, in such circumstances no useful purpose will be served by keeping petitioner behind bars--Concluded by Investigating Officer that there was no lain-dain between petitioner and complainant--Abovementioned police findings are against story narrated by complainant in FIR according to which an amount of Rs. 55,00,000/- was handed over by complainant to petitioner and same was still outstanding against him--Furthermore, punishment provided for offence under Section 489-F, PPC is imprisonment, which may extend to three years--Offence mentioned in FIR does not fall within ambit of prohibitory clause of Section 497, Cr.P.C. and grant of bail in such like cases is a rule while refusal is an exception--Petition was allowed. [P. 359] A B 2009 SCMR 1488 PLD 2017 SC 733 ref. Order Through the instant petition, the petitioner seeks post-arrest bail in case FIR No. 347/2020 dated 29.07.2020, offence under Section 489-F, PPC registered at police station Sajid Shaheed, District Sargodha. 2. On the previous date of hearing Nusrat Ali complainant appeared before the Court and sought an adjournment in order to hire the services of a learned counsel in this case but today no one is present of his behalf, despite repeated calls. Even otherwise, it is a State case and learned Additional Prosecutor General is ready to argue the same, therefore, I proceed to decide the instant petition after hearing arguments of learned counsel for the petitioner, as well as, learned Additional Prosecutor General and perusal of the record. 3. Arguments decided. Record perused. 4. As per brief allegations levelled in the FIR, cheque amounting to Rs. 55,00,000/-, issued by the petitioner to the complainant, was dishonoured on presentation by the concerned bank, hence the abovementioned FIR. Description: ADescription: B5. The entire…

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