Sunday, 1 December 2013

Delay in FIR in 489-F matter

PLJ 2013 Cr.C. (Lahore) 484 Present: Shezada Mazhar, J. MALIK IRFAN--Petitioner versus STATE & another--Respondents Crl. Misc. No. 4541-B of 2013, decided on 25.4.2013. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(1)--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail, accepted--Dispute of civil nature--Delay of 5 months and 10 days in lodging FIR--Validity--Dispute between parties was of civil nature--Even maximum sentence of offence against accused was not more than three years as such same was not covered u/S. 497(1), Cr.P.C.--Accused was stated to be previous non-convict and behind bars since date of his arrest and as such investigation being complete, his corpus was no more required by police for further investigation--Bail was accepted. [P. 485] A & B Rana Zia Abdul Rehman, Advocate for Petitioner. Rana Hadayat Ali, Advocate for Complainant. Mr. Khurram Khan, Deputy Prosecutor General for State. Date of hearing: 25.4.2013. Order Through the instant petition, the petitioner has sought for his post-arrest bail in case FIR No. 131/2013, dated 26.02.2013, offence under Section 489-F, PPC, registered at Police Station Factory Area, District Sheikhupura. 2. Brief allegation against the petitioner, as per contents of FIR, is that he issued cheque worth Rs. 2,00,000/- to the complainant in lieu of the amount borrowed by him from the complainant, but on presentation the same could not be en-cashed. 3. Learned counsel for the petitioner submits that the petitioner has falsely been roped in the instant case by the complainant against the actual facts and circumstances with ulterior motives. It is argued that there is delay of 5 months and 10 days in lodging the FIR, which goes unexplained at the part of the prosecution It is next argued that the dispute between the parties is of civil nature. It is contended that the petitioner is behind the bars since the date of his arrest and no more required by the police. Learned counsel for the petitioner lastly argued that case against the petitioner is not covered under sub-section (2) of Section 497, Cr.P.C. 4. Learned Deputy Prosecutor General assisted by learned counsel for the complainant has opposed the petition with the averments that the petitioner is named in the FIR, who has deprived the complainant from a valuable amount and as such he does not deserve any relief. 5. Arguments advanced from both sides have been heard. I have also gone through the record. 6. Although the petitioner is named in the FIR, however, there is a delay of 5 months and 10 days in lodging the FIR, which has not been explained by the prosecution. Moreover, bare reading of the FIR reveals that the dispute between the parties is of civil nature. Even otherwise maximum sentence of offence against the petitioner is not more than three years as such the same is not covered under sub-section (1) of Section 497, Cr.P.C. and as has been held in the case of Tariq Bashir vs. The State (PLD 1995 SC 34), in cases not punishable with death, transportation of life or 10 years' imprisonment, grant of bail is a rule and refusal an exception. The petitioner is stated to be previous non-convict and behind the bars since the date of his arrest and as such investigation being complete, his corpus is no more required by the police for further investigation. 7. In sequel to what has been discussed above, the instant petition is accepted as a consequence whereof the petitioner is admitted to bail after arrest subject to his furnishing bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned trial Court. (R.A.) Petition accepted

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