2013 MLD 1238

Court
LAHORE HIGH COURT

Date
2012-09-06

Appeal No.
CRIMINAL MISCELLANEOUS NO. 3071-B OF 2012,

Judge
IJAZ AHMAD

Parties
NASEER AHMAD PETITIONER$ T4 VERSUS THE STATE AND OTHERS RESPONDENTS I

Lawyers
ABID HUSSAIN BHUTTA FOR PETITIONER. RASHID MEHMOOD CHAUDHRY FOR THE
COMPLAINANT.RANA ABDUL MAJEED, ADDITIONAL PROSECUTOR AND ISHTIAQ, A.S.-I. FOR
THE STATE.

Statutes
CRIMINAL PROCEDURE CODE (V OF 1898) - S. 497 PENAL CODE (XLV OF 1860) - S. 489-F
CRIMINAL PROCEDURE CODE (V OF 1898) - S. 497
Judgment
IJAZ AHMAD, J.-Naseer Ahmad, the petitioner seeks postarrest bail in criminal case F.I.R. No.371
of 2012, dated 1-7-2012 registered under section 489-F, P.P.C. at Police Station City District
Khanewal.

2. The allegation against the petitioner is that in order to return the loan, the petitioner executed a
cheque for the sum of Rs.8,00,000. When presented to the drawee, it was dishonored.

3. It is contended by the learned counsel for the petitioner that the cheque in question was not
issued for the consideration but only as a guarantee for some transaction; that the offence does not
fall within the prohibitory clause of section 497, Cr.P.C.

4. The grant of bail is opposed by the learned counsel for the complainant, learned Additional
Prosecutor-General. It is contended that the criminal cases F.I.Rs. No.417 of 2009 for an amount of
Rs.7,00,000, 50/2009 for an amount of Rs. 90,00,000/ and 357/2010 for an amount of Rs.5,00,000
have also been registered against the petitioner at Police Station City Khanewal and that he is a
habitual offender.

5. I have heard the learned counsel for the petitioner, learned counsel for the petitioner, learned
Additional Prosecutor-General and also gone through the record.

6. Mere registration of criminal case of the same nature does not deprive an accused of the
concession of bail altogether.

Whether the cheque in question was issued dishonestly is a fact which may only be determined,
after recording of evidence. The offence does not fall within the prohibitory clause of section 497,
Cr.P.C. In such like cases, grant of bail is a rule and refusal an exception. In the circumstances, the
petitioner is admitted to post arrest bail subject to furnishing his bail 9 bond in the siim of
Rs.2,00,000 with one surety in the like amount to the satisfaction of the learned trial court.

MWA/N-63/L Bail granted.