Sana Ullah vs The State
This matter concerns a post-arrest bail application filed by the petitioner, who was accused in an FIR registered under Section 489-F of the Pakistan Penal Code 1860 for the dishonour of a cheque. The core legal question was whether the petitioner was entitled to bail, considering the nature of the offence and the statutory provisions governing bail. The Court observed that the offence under Section 489-F carries a maximum punishment of three years, thereby placing it outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Relying on established Supreme Court jurisprudence, the Court held that bail should generally be granted in non-prohibitory offences unless specific exceptions are met. Finding no compelling reason to deny bail and noting the lack of clarity in the FIR regarding the underlying transaction and the delay in registration, the Court allowed the application. The key principle laid down is that for offences not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, bail is the rule and refusal is the exception, provided no specific disqualifying circumstances exist.
- Is an offence under Section 489-F of the Pakistan Penal Code 1860 covered by the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Should bail be granted in offences that do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
SYED SHABBAR RAZA RIZVI, J.- The petitioner seeks post arrest bail in FIR No. 175/06, dated 18.5.2006, registered at P.S. Sargodha Cantt., under Section 489-F, PPC.
2. Briefly, according to the FIR, the petitioner obtained Rs. 1,10,00,(300/- from the complainant and issued a cheque No. 731143 to return the said amount on 4.12.2004. However, when the cheque was presented to the bank on 6-12.2004, the same was dishonoured.
3. The learned counsel for the petitioner contends that FIR was registered after a. Delay of two years. He submits that the complainant had financial dealings with Rana Khalid .Mehmood, an employer of Agricultural Bank. Said Rana Khalid Mehmood obtained a blank cheque from the petitioner which he forwarded to the complainant as a guarantor. The amount was incorporated by the complainant himself. He further submits that in any case the petitioner was arrested on 2.6.2006 and ever since he has been behind the bars. The learned counsel adds that the offence is n6t covered by the prohibitory clause of Section 497, Cr.P.C. The Hon'ble Supreme Court of Pakistan in PLD 1995 SC 34 held that bail application in offences not covered by the prohibitory clause should be allowed unless four exceptions mentioned therein are found in particular case.
According to him, the present case does not, fall within the exceptions mentioned* by the Hon'ble Supreme Court in the above-cited case.
4. On the other hand, the learned counsel for the complainant has submitted an Iqrar Nama which has been signed by the petitioner besides others and the same Iqrar nama contains a clause under which petitioner' accept the liability, the subject-matter of the FIR. According to him, the signatures and issuance of cheque has not been denied by the complainant, therefore, the bail application should not be allowed.
5. The learned counsel for the State endorses the contentions of the learned counsel for the complainant and submits that during the investigation the petitioner has been found guilty, hence challaned accordingly.
6. I have heard the learned counsel for the parties, It is correct that maximum punishment for offence under Section 489-F is not more than three years, therefore, the present case is not covered by prohibition contained in Section 497, Cr.P.C. The FIR does not indicate that for what purpose Rs. 1,10,00,000/- were given to the petitioner by the complainant. The FIR also does not show any effort on behalf of the complainant for seeking the return of the said amount. Anyway, without going further into details and in view of the above reasons, this bail application is allowed subject to petitioner's furnishing surety bonds in the sum of Rs. 60 lacs (sixty lacs) with one surety in the like amount to the satisfaction of the Trial Court or Illaqa Magistrate.