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Petitioner: ABDUL HAMEED VS Respondent: StateHonorable Justice Ali Baqar NajafiTahir Mehmood Ch.
2012 P Cr. L J 1157
[Lahore]
Before Ali Baqar Najafi, J
ABDUL HAMEED---Petitioner
Versus
THE STATE and another---Respondents
Bail Petition No.5552/B of 2012, decided on 7th May, 2012.
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---Complainant had advanced an amount to the accused against which the latter issued a cheque in favour of the complainant, which cheque was dishonoured on presentation---Contentions of the accused were that he was a photo account holder and the cheque in question was dishonoured due to reasons of personal withdrawal and not because of insufficient funds; that the accused was no more required for investigation, and that the alleged offence did not fall within the prohibitory clause of S.497, Cr.P.C.---Accused was an illiterate person and had opened a photo account---Dishonouring slip of the cheque in question showed that the cheque was returned on account of non-appearance of the accused (personal withdrawal)---Accused was no more required for the purpose of investigation---Question as to whether the dishonouring of a cheque due to personal withdrawal attracted S.489-F of P.P.C., called for further inquiry into the case---Liability of the accused could be determined at the time of the trial after recording of evidence---Further incarceration of the accused would not serve any useful purpose of the prosecution---Bail petition of the accused was accepted and he was admitted to bail.
Tahir Mehmood Ch. for Petitioner.
Rana Tassawar Ali Khan, Deputy Prosecutor-General along with Habib ur Rehman, S.-I. with record for the State.
ORDER
ALI BAQAR NAJAFI, J.---The petitioner, through this petition, seeks post-arrest bail in case F.I.R. No.422 of 2010 dated 24-5-2010, under section 489-F, P.P.C. registered at Police Station Model Town, Gujranwala.
2. Briefly prosecution version contained in the F.I.R. recorded on the written application of Muhammad Ashraf is that the complainant advanced Rs.1,13,000 to the petitioner on 4-10-2009 against which a Cheque No.1569152 dated 4-10-2009, drawn on J.S. Bank Limited Model Town Gujranwala was issued in favour of the complainant, which when presented was bounced.
3. The learned counsel for the petitioner contended that the petitioner is photo account holder and the cheque was dishonoured due to the reasons of personal withdrawal and not for insufficient balance amount; that the petitioner is behind the bars since 19-1-2012 and is no more required for the purpose of investigation; that the offence alleged does not fall within the prohibitory clause of section 497, Cr.P.C.
4. On the other hand, learned D.P.-G. has vehemently opposed the prayer for grant of post-arrest bail by submitting that the petitioner is nominated in the F.I.R., who admittedly issued cheque involving the said amount with dishonest intention and when the same was presented it was bounced attracting the provision of law under which case has been registered. Further contended that the challan has been submitted in Court on 27-3-2012; that the petitioner remained fugitive of law for about one year and six months; therefore, he is not entitled to the concession of post-arrest bail.
5. I have heard the learned counsel for the petitioner as also the learned D.P.-G. on behalf of the State and gone through the record, with their able assistance.
6. Although, the petitioner has issued cheque of Rs.1,13,000 yet the fact remains that the petitioner being an illiterate person had opened photo account. Clause 15 of dishonouring slip shows that the cheque was returned on account of non-appearance of the petitioner (personal withdrawal). The petitioner is in judicial lock-up since 19-1-2012 and he is no more required for the purpose of investigation. The fact that offence under section 489-F, of the Pakistan Penal Code, 1860 attracts when the cheque was returned with objection of personal withdrawals, calls for further inquiry. Liability of the petitioner will be determined at the time of trial after recording of evidence. Further incarceration of the petitioner in jail will not serve any useful purpose of the prosecution.
7. For what has been discussed above, this petition is accepted and petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.
M.W.A./A-94/L Bail grante