Wednesday, 10 February 2016

Bail Allowed as FIR was lodge after one year Delay

PLJ 2015 Cr.C. (Lahore) 255
Present: James Joseph, J.
MUHAMMAD ASIF--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 338-B of 2015, decided on 2.2.2015.
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 489-F--Bail, grant of--Further inquiry--Delay of one year in lodging of FIR--Dishonoured of cheque--Offence with which petitioner was charged entails a maximum punishment of three years and as such same does not fall within prohibitory clause of section 497, Cr.P.C. Whether petitioner issued cheque in question dishonestly or otherwise, would be adjudged by trial Court after recording of evidence--Even otherwise section 489-F PPC is a penal section which cannot be used for recovery of out-standing amount--Although petitioner was stated to be involved in few other cases of similar nature but he has been allowed bail in all cases and it has frankly been conceded by DDPP that petitioner was not convicted in any one of those--Investigation qua petitioner was complete--Challan has been submitted before trial Court where reportedly trial has not commenced so-far--No useful purpose would be served by keeping petitioner behind bars for an indefinite period--Petitioner has become one of further inquiry, petition was allowed and petitioner was admitted to post arrest bail.          [P. 256] A & B
2011 SCMR 1708, rel.
Mr. A.D Bhatti, Advocate for Petitioner.
Mr. Usman Iqbal, DDPP with for State.
Mr. Imtiaz Ahmad Chohan, Advocate for Complainant.
Date of hearing: 2.2.2015.
Order
Petitioner Muhammad Asif seeks post arrest bail in case FIR No. 726/2014 dated 19.08.2014 u/S. 489-F PPC registered at P.S. Sanda, Lahore.
2.  Briefly the prosecution story as unfolded in the FIR is that the petitioner issued a cheque worth of Rs. 10,00,000/- to the complainant which on its presentation before the concerned bank was dishonoured.

3.  I have heard the learned counsel for the parties and perused the record.
4.  There is delay of more then one year in lodging of the FIR which has not been explained. The offence with which the petitioner is charged entails a maximum punishment of three years and as such the same does not fall within the prohibitory clause of Section 497, Cr.P.C. Whether the petitioner issued the cheque in question dishonestly or otherwise, would be adjudged by the trial Court after recording of evidence. Even otherwise Section 489-F PPC is a penal section which cannot be used for the recovery of out-standing amount.
5.  Although the petitioner is stated to be involved in few other cases of similar nature but he has been allowed bail in all cases and it has frankly been conceded by learned DDPP that the petitioner was not convicted in any one of those. Investigation qua the petitioner is complete. Challan has been submitted before the trial Court where reportedly trial has not commenced so-far. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period. Reliance is placed upon the case titled as "Riaz Jafar Natiq versus Muhammad Nadeem Dar and others" (2011 SCMR 1708).
6.  In view of the above the matter to the extent of petitioner has become one of further inquiry. Resultantly this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs. 200,000/- (Rupee two lac only) with two sureties in the like amount to the satisfaction of learned trial Court.
7.  It is pertinent to mention here that the observations made supra are tentative in nature.
(A.S.)  Bail allowed

No comments:

Post a Comment

Contact International Lawyer

If you have any queries related with this post you can contact at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880