Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail, grant of---Further inquiry---Maximum punishment of offence under S.489-F, P.P.C. had been provided upto three years, which did not fall within the prohibitory clause of S.497, Cr.P.C.---Offence under S.489-F, P.P.C. would not constitute, unless it was proved that the cheque was issued dishonestly and knowingly by accused and same would be dishonoured---Such fact could not be determined at bail stage and needed further inquiry---Accused was behind the bars since 17-11-2011; investigation had been completed and accused was not required any more by the Police for further investigation---To keep accused in judicial lock-up would serve no purpose for the ends of justice---Principle indicated, got support from the precedents referred by the counsel for accused---Accused was released on bail, in circumstances. PLD 1995 SC 34; 2010 YLR 624 and 2011 PCr.LJ 869 rel. THIS ORDER PASSED BY: MUNIR AHMED CHAUDHRY, J.--- This petition has been filed through which post-arrest bail was sought to be ordered in a Case No.196 of 2011 dated 16-11-2011 under section 489-F APC registered at Police Station Thothal. 2. Precise facts of the case, according to the prosecution story, are that petitioner Mohammad Sharif issued a cheque to the complainant, Arshad Kamran, amounting to Rs.2,50,000 on 6-7-2011. This cheque was dishonoured on 21-7-2011 by the concerned bank when the same was presented for encashment. The petitioner was arrested on 17-11-2011. 3. Notice was issued to the learned Additional Advocate-General and arguments were heard on 17-12-2011. Mr. Kamran Tariq, Advocate, the learned counsel for the petitioner, argued that petitioner has falsely been implicated in the present case and complainant has got registered a case due to differences of business between him and the petitioner with connivance of police. In fact there were differences between the parties on the business of plots. It is yet to be inquired that whether the cheque was issued dishonestly and knowing that the said cheque shall be dishonoured or not. The offence mentioned in the F.I.R.…

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