Law: Code of Criminal Procedure, 1898

Section: 498

Law: Pakistan Penal Code (PPC),1860

Section: 489-F

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Pre-arrest bail--Dismissal of--Leave to appeal--The question whether cheque was issued towards fulfilment of an obligation within meaning of Section 489-F P.P.C. is a question, which is to be determined by Trial Court after recording of evidence--Petitioner has failed to establish any mala fide or ulterior motives on part of complainant--The plea taken by counsel for petitioner that cheque in question was stolen and an FIR thereof was registered by petitioner's brother in law holds no merit because said FIR was found to be false after investigation--Thus, there is sufficient incriminating material available on record which prima facie connects petitioner with alleged offence, thereby, disentitling him from extra-ordinary relief of pre-arrest bail--Impugned judgment, having considered all aspects of case, both legal and factual, is well-reasoned and does not warrant any interference by Supreme Court. [Pp. 72 & 73] A, D & E Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497(2) & 498--Bail before arrest is an extraordinary relief which cannot be granted unless person seeking it satisfies conditions specified under Section 497(2) Cr.P.C. and establishes existence of reasonable grounds leading to believe that there are in fact sufficient grounds warranting further inquiry. [P. 72] B 2015 SCMR 1394. Pre-arrest Bail-- ----It is a settled principle of law that relief of pre-arrest bail can only be granted to accused if he establishes mala fide on part of complainant or police. [P. 72] C 2020 SCMR 249. Mr. Amjad Farouk Bismil Rajput, ASC alongwith Petitioner Mr. Khurram Khan, Additional Prosecutor General Punjab for State. Date of hearing: 1.7.2024. Judgment Syed Hasan Azhar Rizvi, J.--Through the present petition, the petitioner seeks leave to appeal against the order dated 04.03.2024 (Impugned Order) passed by Lahore High Court, Lahore (High Court) in Crl.Misc. No. 4681-B/2024 whereby the pre-arrest bail was declined to him in case FIR No. 432 dated 23.12.2023 registered under Section 489-F PPC at the Police Station City Lala Musa District Gujrat.…