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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUSHTAQ AHMAD VS Respondent: StateHonorable Justice Fazal-e-Miran ChauhanSyed Sajid Ali Bukhari
2008 M L D 1060
2008 M L D 1060
[Lahore]
Before Fazal-e-Miran Chauhan, J
MUSHTAQ AHMAD---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No. 4926-B of 2007, decided on 24th September 2007.
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), S.489-F---Bail, grant of---Further inquiry---Accused was behind the bars since long and no useful purpose would be served by detaining him in jail for an indefinite period---Challan had been submitted in the court, but no progress had been made---Offence with which accused was charged entailed punishment of three years, which did not fall within the prohibitory clause of S.497, Cr.P.C.---Case of accused fell within the ambit of further inquiry---Accused was allowed bail, in circumstances.
Syed Sajid Ali Bukhari for Petitioner.
ORDER
FAZAL-E-MIRAN CHAUHAN, J.---The petitioner, seeks post-arrest bail, in a case F.I.R., No. 427 of 2007, dated 25-11-2007, offence under section 489-F, P.P.C., registered at Police Station, Ghakhar Mandi, District Gujranwala, for the allegation that the petitioner issued one cheque to the complainant, which was dishonoured, when the same was presented for encashment, hence, this case.
2. It is contended by the learned counsel, that the petitioner is innocent and has been falsely implicated in this case by the complainant with mala fide intention; and that the offence does not fall within the prohibition as contained in section 497, Cr.P.C. The petitioner is behind the bars since his arrest and is no more required by the police for the purpose of further investigation.
3. I have heard the arguments of the learned counsel for the petitioner and perused the record.
4. The petitioner is behind the bars since his arrest and no useful purpose would be served by detaining him in jail for an indefinite period. Challan has been submitted in the Court but no progress has been made. The offence with which the petitioner is charged entails punishment for three years, which does not fall within the prohibitory clause of section 497, Cr.P.C. The case of the petitioner falls within the ambit of further inquiry.
5. For the foregoing reasons, this bail petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (rupees one lac only) with one surety in the like amount, to the satisfaction of the learned trial Court.
H.B.T./M-127/L Bail granted.