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---Case was reported to the Police with a delay of one year and three months, which fact had created doubt on the veracity of the prosecution story---Offence under S.489-F, P.P.C. entailed maximum punishment of three years and offences which entailed maximum punishment of 10 years, the grant of bail was a rule and its refusal was an exception---Mere issuance of a cheque which was subsequently dishonoured would not constitute an offence under S.489-F, P.P.C., unless same was issued dishonestly and for repayment of loan or for discharging of any obligation---Question of dishonest issuance of cheque and its dishonest dishonouring could also not to be determined at bail stage---Just for the purpose of keeping accused in jail without any further investigation, bail could not be refused, when no further investigation was to be made---Bail could not be refused when no recovery of amount under the cheque was yet to be made---Offence though was not bailable, but High Court could not ignore the fact that the offence did not fall within prohibitory clause of S.497, Cr. P. C. ---Accused was behind the bars since his arrest and investigation of the case had been completed--Keeping accused in jail for an indefinite period would serve no useful purpose---Though as may as 22 cases of similar nature had been registered against accused, but in none of said cases accused had been convicted---Accused, in circumstances, could not be treated as desperate and hardened criminal---All such facts had made the case of accused one of further inquiry---Accused was admitted to post arrest bail, in circumstances.? THIS ORDER PASSED BY: HABIB ULLAH SHAKIR, J.- Through the instant petition, petitioner seeks post-arrest bail in case F.I.R. No.324/2009 dated 29-4-2009 registered under section 489-F, 'P.P.C. at Police Station Defence-A, Lahore. 2. The prosecution story as per F.I.R. is that the petitioner issued cheque to the complainant amounting to Rs.30,00,000 towards payment of outstanding amount which was dishonoured when the complainant…

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