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Petitioner: MUHAMMAD SHAKEEL TUFAIL VS Respondent: StateHonorable Justice Muhammad Yawar AliCh. Shahid Hussain
2011 Y L R 1550
[Lahore]
Before Muhammad Yawar Ali, J
MUHAMMAD SHAKEEL TUFAIL---Petitioner
Versus
THE STATE and another----Respondents Criminal Miscellaneous No. 3455-B of 2010, decided on 19th April, 2010.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.489-F---Dishonouring of cheque---Bail, grant of---Offence under S.489-F, P.P.C. did not fall within the prohibitory clause of S.497, Cr.P.C. and carried a maximum punishment of three years---Investigation of the case was complete and accused was no more required by the Police authorities for the purpose of investigation---Trial Court while refusing to grant bail had observed that accused was an ailing person who needed medical treatment---Medical report revealed that accused "needed management from Gastroenterologist"---Grant of bail in offences punishable with imprisonment for less than ten years was a rule and refusal an exception---Accused was admitted to bail, in circumstances. Tariq Bashir and 5 others v. The State PLD 2005 SC 34 ref. Ch. Shahid Hussain for Petitioner. M. Shahzad Khan for the Complainant. Aamir Asif Ranjha, D.P.-G. along with Muhammad Boota, S.-I. ORDER
MUHAMMAD YAWAR ALI, J.---Through this petition under section 497, Cr.P.C. the petitioner seeks grant of post-arrest bail in case F.I.R. No. 1443 of 2009, dated 24-12-2009 for offence under section 489-F, P.P.C. registered at Police Station Gulberg, Lahore. 2. It has been averred in the F.I.R. that petitioner issued a cheque in the sum of Rs.700,000 in favour of respondent No.2 which when presented bounced on account of the fact that there were "Insufficient funds in the account". 3. Learned counsel for the petitioner submits that cheque in question was given as a guarantee and there was some business dealing between the respondent No. 2 and the petitioner. Learned counsel draws attention of this Court to Annexure "C" of this petition to show that petitioner is suffering from various ailments and as such he may be enlarged on bail. 4. On the other hand, learned D.P.-G. and counsel for respondent No. 2 oppose the petition and submit that the petitioner has been named in the F.I.R., that there is no dispute of a civil nature between the petitioner and the respondent No. 2, that issuance of cheque is admitted, that Challan has been submitted before the trial Court on 20-1-2010 and that a bare reading of Medical Report No. 154, dated 1-3-2010 by the Medical Officer Central Jail Lahore placed as Annexure "C" of this petition would show that none of the ailments which has been mentioned in the report are dangerous to life. 5. Arguments have been heard and record perused. 6. It is an admitted position that offence under section 489-F, P.P.C. does not fall within the prohibitory clause and carries a maximum punishment of three years. Investigation of the case is complete and petitioner is no more required by the police authorities for the purposes of investigation. Learned Additional Sessions Judge, Lahore while refusing to grant bail vide order dated 17-3-2010 has observed that petitioner is an ailing person who needs medical treatment. A copy of Medical Report No. 154, dated 1-3-2010 issued by Medical Officer Cehtral Jail, Lahore placed as Annexure "C" of the petition reveals that petitioner "needs management from Gastroenterologist". The apex Court in case titled Tariq Bashir and 5 others v. The State PLD 2005 SC 34 has held that grant of bail in offences punishable with imprisonment for less than ten years is a rule and refusal an exception. This petition is, therefore, allowed and petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.7,00,000 with one surety in the like amount to the satisfaction of trial Court. H.B.T./M-674/L Bail granted.