MUHAMMAD ZULFIQAR vs THE STATE
The petitioner Muhammad Zulfiqar sought post-arrest bail in respect of F.I.R. No. 69 dated 11-2-2004 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station Kotwali, District Jhang, relating to the alleged issuance of a dishonoured cheque. The core legal question was whether the petitioner could be held criminally liable under a penal provision that was inserted into the statute after the date the cheque was allegedly issued. The Lahore High Court held that the retrospective application of the offence raised a matter open to serious consideration, bringing the case within the scope of further inquiry under subsection (2) of Section 497 of the Code of Criminal Procedure 1898, particularly as the offence did not fall within the prohibitory clause and the accused had been incarcerated for a significant period without prior criminal conviction. The court laid down the principle that where the date of the alleged commission of an offence involving a subsequently inserted statutory provision precedes its enactment, the case calls for further inquiry under Section 497(2), Code of Criminal Procedure 1898, entitling the accused to post-arrest bail.
- Whether an accused can be held liable under a penal provision inserted into the statute after the date of the alleged issuance of a cheque?
- Does a question regarding the retrospective applicability of an offence warrant further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 for the grant of bail?
- Is an accused entitled to post-arrest bail when the alleged offence does not fall within the prohibitory clause and the case requires further inquiry into guilt?
- Section 489-F, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
- Section 497(1), Code of Criminal Procedure 1898
ORDER
' Petitioner Muhammad Zulfiqar through the instant petitioner has sought for post-arrest bail in case F.I.R. No.69 dated 11-2-2004 under section 489-F, P.P.C. Registered with Police Station Kotwali, District Jhang.
2. Briefly the prosecution case as per F.I.R. Is that Muhammad Zulfiqar (petitioner) on 30-6-2002 had issued cheque in the sum of Rs.10,00,000 to the complainant and the same was dishonoured.
3. After hearing the learned counsel of the parties and perusing the record, I find the cheque in question was allegedly issued on 30-6-2002. The said offence was inserted in the Pakistan Penal Code on 25-10-2002. The question that if the petitioner can be held liable for the same is open to serious consideration. His case, therefore, calls for further inquiry into his guilt. The same, therefore, is covered under subsection (2) of section 497, Cr.P.C.
4. He is stated to be behind the bars since 11-3-2004 and previous lc non-convict.
5. The alleged offence also does fall within the prohibitory clause of section 497(1), Cr.P.C.
6. In these circumstances, I accept this petition and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned Ilaqa/Duty Magistrate. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.