| Citation(s) |
|---|
| 2026 SLG 4737 = 2026 SLD 4737 = 2026 PLJ 119 |
Lahore High Court
Crl. Misc. No. 42260-B of 2025
Presented By: Muhammad Amjad Rafiq JUDGE
Mr. Ali Abbas Sheikh, Advocate for Petitioner. Mr. Waqas Anwar, DPG for State. Mian Muhammad Awais Mazhar, Advocate for Complainant. Date of hearing: 17.9.2025.
Crl. Misc. No. 42260-B of 2025
Presented By: Muhammad Amjad Rafiq JUDGE
Mr. Ali Abbas Sheikh, Advocate for Petitioner. Mr. Waqas Anwar, DPG for State. Mian Muhammad Awais Mazhar, Advocate for Complainant. Date of hearing: 17.9.2025.
MUHAMMAD HAFEEZ--Petitioner
VERSUS
STATE etc.--Respondents
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, 1860 (XLV of 1860), S. 489-F--Pre-arrest, bail, grant of--Allegation of--Dishonoured of cheque--Trial Court after recording of evidence--Petitioner has paid Rs. 20,00,000/- to complainant during proceeding in pending petition before lower Court which fact squarely makes his case that of further inquiry and question of further inquiry can be looked into even at pre-arrest bail stage--Granted pre-arrest bail to accused therein not only on grounds of mala fide, ulterior motives and abuse of process of law, but also on ground of further inquiry--While granting pre-arrest bail, merits of case can be touched upon by Court and question of further inquiry can also be stretched at this stage as well--Apparently petitioner has made out a case for grant of pre-arrest bail. [Para 6] A, B & C PLD 2024 SC 1241; 2024 SCMR 14; 2024 SCMR 1605; 2024 SCMR 805; 2023 SCMR 2081 and 2023 SCMR 884. Mr. Ali Abbas Sheikh, Advocate for Petitioner. Mr. Waqas Anwar, DPG for State. Mian Muhammad Awais Mazhar, Advocate for Complainant. Date of hearing: 17.9.2025. Order Petitioner seeks pre-arrest bail in case FIR No. 456 dated 04.04.2025 registered under Section 489-F, PPC at police station Kotwali District Faisalabad. 2. Petitioner was under the allegation that he issued one cheque valuing Rs. 50,00,000/-, whereas, the other of Rs. 20,00,000/- in favour of the complainant which stood dishonoured on presentation before the concerned Bank. 3. Learned counsel for the petitioner contends that an agreement between the complainant and petitioner was executed on 25.03.2022, whereas, petitioner issued a cheque of Rs. 50,00,000/- as guarantee but during the process an amount of Rs. 70,00,000/- was allegedly outstanding against the petitioner but as a matter of course and by the interference of lower Court, he has paid Rs. 20,00,000/- in cash to the petitioner and has already paid rest of the amount but his guarantee cheque was misused by the complainant for registration of FIR.…