Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Post arrest bail--Grant of--Dishonoured of Cheque--Case does not fall within the prohibitory clause of Section 497, Cr.P.C and the concession of grant of bail must be favourably considered and should only be denied in exceptional cases was not required for further investigation is behind the bars for the last more than four months in an offence which entails punishment up to three years while conclusion of trial is not in sight--Mere involvement without conviction in other cases cannot be considered a bar to extend the concession of bail if the case for grant of bail is made out--Offence does not fall within the ambit of prohibitory clause of section 497 Cr.P.C--Bail was allowed. 2020 SCMR 861; 2018 P.Cr.L.J 469; 2020 SCMR 1268; 2011 SCMR 1708; 2020 P.Cr.L.J 268; 2020 P.Cr.L.J 392; PLD 1972 SC 81; 2015 P.Cr.L.J 129; 2004 SCMR 1467; 1999 MLD 1643; 2001 PCr.LJ 1802 ref. ORDER This is post-arrest bail petition by accused-petitioner (Haseeb Hashmi) in F.I.R. No. 224 dated 21.11.2020, under section 489-F P.P.C. Police Station Margalla, Islamabad. 2. According to the allegations set-forth in the F.I.R, complainant struck a deal for the purchase of a residential Flat from the petitioner for consideration of Rs. 2,700,000/- through a written agreement by paying Rs. 1,000,000/- as earnest money while the petitioner had to transfer the Flat in the name of complainant till 20.08.2020 after receiving of remaining sale consideration of Rs. 1,700,000/-; that petitioner despite persistent demands failed to transfer the Flat in the name of the complainant and for the return of amount received, issued cheque having worth of Rs. 1,000,000/- which on presentation before the concerned bank on the date fixed i.e. 21.09.2020 stood dishonoured for want of funds and incorrect signatures. 3. Learned counsel for the petitioner argued that there is a delay of two months in lodging the F.I.R; that the cheque was not issued by the petitioner and this fact is supported by the contents of F.I.R itself which state that the cheque bear incorrect signatures; that there is no evidence of receipt…

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