16/09/2021
2018 Y LR Note 157
[Lahore]
Before Abdul Sami Khan, J
MUHAMMAD IQBAL---Petitioner
Versus
The STATE and another---Respondents
Criminal Miscellaneous No. 103376/B of 2017, decided on 29th November, 2017..
Criminal Procedure Code (V of 1898)--
----S. 498---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Pre-arrest bail, grant of---
Unexplained delay of more than two and half months in registration of FIR showed that FIR had been got
recorded after due deliberation and consultation---Words "only for guarantee cheque", were mentioned on
the back of cheque in dispute, which denoted that said cheque had not been issued for fulfilment of any
financial obligation, rather same was a security cheque---Attraction of S.489-F, P.P.C., qua accused would
be determined by the Trial Court---Accused was a previous non-convict; he had already joined the
investigation which was complete---Sending accused behind the bars at such stage, would not serve
beneficial purpose---False implication of accused by the complainant after joining hands with local Police,
could not be ruled out---Ad interim pre-arrest bail, already granted to accused, was confirmed, in
circumstances. [Paras. 2 & 3 of the judgment]
Mian Allah Ditta v. The State and others 2013 SCMR 51 rel..
Muhammad Usman Riaz Gill for Petitioner with Petitioner in person.
Ms. Tahira Parveen, D.D.P.P. for the State and Munir, ASI with record.
Ch. Nazir Ahmad Kamboh for the Complainant..
ORDER
ABDUL SAMI KHAN, J.---Through this petition under section 498, Cr.P.C. the petitioner has sought pre
arrest bail in case FIR No.276/17, dated 02.06.2017 registered at Police Station City Muridkay, District
Sheikhupura in respect of offence under section 489-F, P.P.C.
2. I have heard the learned counsel for the petitioner, learned Deputy Prosecutor General and learned
counsel for the complainant and have also gone through the record with their able assistance. This is bail
before arrest and only tentative assessment is permissible at this stage, therefore, without going into deeper
appreciation of evidence, it is noticed that there is a delay of more than two and a half months in registration
of FIR which has not been explained by the complainant which prima facie shows that the FIR has been got
recorded after due deliberation and consultation. The original cheque in dispute is available on record and
the same has been perused by this Court. The words "only for guarantee cheque" are mentioned on the back
of the cheque in dispute, which denotes that the cheque has not been issued for fulfillment of any financial
obligation rather it is a security cheque. In this view of the eventuality, the attraction of section 489-F P.P.C.
qua the petitioner would be determined by learned trial court at an appropriate stage. In this context,
reliance can be placed on the case of "Mian Allah Ditta v. The State and others" (2013 SCMR 51).
Admittedly the petitioner is previous non-convict. He has already joined the investigation, which, as per
statement of the investigating officer is complete, therefore, sending the petitioner behind the bars at this
stage would not serve any beneficial purpose.
3. For what has been discussed above, false implication of the petitioner by the complainant after joining
hands with local police cannot be ruled out of consideration, hence, this petition is allowed and the ad
interim pre-arrest bail already granted to the petitioner is confirmed subject to furnishing bail bond in the
sum of Rs.1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the
satisfaction of learned trial court.
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