Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 489-F

(a) 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---Defence plea---Opinion of Investigating Officer---Scope---Accused had allegedly been abducted by the complainant and kept at a secret place for many days during the course of which the cheque in question was allegedly obtained from the accused---Accused had pointed out to Investigating Officer in his first version that he had left behind a written message at the place of his confinement, which could be recovered and on such information given by accused, a raid was conducted by Investigating Officer, which led to the recovery of a written document from the frame of a tube-light, which entailed detail of miseries of accused---Investigating Officer conducted investigation of the case in the light of respective pleas of both the parties and reached a conclusion that accused was not responsible for the crime reported against him by complainant---Investigating Officer had placed the name of accused in Column No.2 of Challan---Opinion of Investigating Officer did not bind the court in any manner but its persuasiveness could be peeped into by way of abundant caution, so as to assess its creditworthiness, though tentatively---Case of accused, in circumstances, called for further probe into his guilt within the scope of S. 497(2), Cr.P.C.-Bail was allowed to accused. (b) Bail--- ----Bail should not be withheld as a matter of punishment. ORDER SHAHID HAMEED DAR, JUSTICE:---.--- Mirza Farhan Baig, accused-petitioner through the instant application seeks post-arrest bail in case F.T.R. No.82, dated 22-1-2011, under section 489-F, P.P.C., registered at Police Station Gulberg, Lahore on the complaint of Malik Muhammad Imtiaz Awan. 2. Precisely, the allegation against the petitioner is that he handed down a cheque of Rs. 2.2 million to the complainant, which was presented by him for encashment at the counter of Standard Chartered Bank, Gulberg Branch, but it was bounced due to insufficient funds. 3. Learned counsel for the petitioner submits that the petitioner has been falsely involved in this case under a deep-rooted…

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