Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 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--Allegation of--Dishonoured of cheque--Occurrence took place whereas matter was reported to police with delay of 07-months and 11-days for which no plausible explanation has been rendered by complainant--Complainant has not specifically mentioned that when, where and in whose presence, petitioner handed over alleged cheque to complainant--Even complainant has also not stated names of customers from whom petitioner has received outstanding amount, nor said customers were produced before investigating officer during investigation to substantiate plea that an amount of Rs. 27,00,000/- was outstanding against them and same was received by petitioner, which makes case of petitioner one of further inquiry--Question whether disputed cheque was issued dishonestly or not is a matter, which could only be decided by trial Court after recording of evidence of parties--Petitioner is behind bars since his arrest and his person is no more required for further investigation-Maximum punishment for commission of an offence punishable under Section 489-F, PPC is three years and same does not fall within prohibitory clause of Section 497, Cr.P.C.--Held: It is held that grant of bail in such like cases is a rule and refusal thereof an exception--No exceptional ground is available to withhold concession of bail--Bail was allowed. [Pp. 308 309] A B PLD 1995 SC 34 Order By means of instant petition, learned counsel for the petitioner seeks permission to place on record certain documents. For the reasons recorded therein, same is allowed subject to all just and legal exceptions. Main Case Malik Sajjad Ahmad Khokhar, Advocate for Petitioner. Mr. Muhammad Nauman Siddique, DPG with Iftikhar A.S.I. Ch. Muhammad Waseem Gujjar, Advocate for Complainant. 2. The petitioner-Muhammad Arslan seeks post arrest bail in case F.I.R. No. 498/2020, dated 17.04.2020, registered under Section 489-F of The Pakistan Penal Code, 1860, at Police Station Manawan, District Lahore. 3. Heard. Record perused. Description:…

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