SHAHZAD WASEEM and another vs THE STATE
This matter arises from a petition for pre-arrest bail in respect of FIR No. 429 dated 24-11-2006 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station City Shujaabad. The core legal question concerns whether pre-arrest bail should be confirmed for petitioners who were implicated by police despite the disputed cheque having been issued by another individual, namely their brother Faisal, a fact acknowledged by both the petitioners and the complainant's counsel. The Lahore High Court held that since the cheque in dispute was never issued by the petitioners and was instead issued by Faisal, the ad interim pre-arrest bail earlier granted to the petitioners should be confirmed. The key principle laid down is that where an accused person is not connected to the issuance of a dishonoured cheque under Section 489-F of the Pakistan Penal Code 1860 and the actual issuer is identified, pre-arrest bail is appropriately confirmed, and the investigating agency is directed to proceed against the actual perpetrator according to law.
- Whether pre-arrest bail can be confirmed when the disputed cheque was issued by a person other than the petitioners?
- Is an accused entitled to pre-arrest bail under Section 489-F of the Pakistan Penal Code 1860 if they have no connection to the issuance of the cheque?
- Section 489-F, Pakistan Penal Code 1860
ORDER
MUHAMMAD JEHANGIR ARSHAD, J.-Petitioners seek pre-arrest bail in case F.I.R. No,429 dated 24-11- 2006 under section 489-F, P.P.C. Police Station, City Shujaabad.
2. It is submitted that in fact the cheque in question was issued by one Faisal brother of Farrukh petitioner No,
2. Learned counsel for the complainant also submits that in fact their grievance was against Faisal who had issued the cheque but the police in order to save the main culprit started interrogating the petitioners who have nothing to do with the cheque in dispute.
3. Since the Cheque in dispute was never issued by any of these petitioners and was in fact issued by Faisal, therefore, ad interim pre-arrest bail earlier granted to the petitioners is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of learned trial Court. The A.S.-I., present in Court, is directed to ensure that Faisal who has in fact issued the cheque in dispute is joined with the investigation and investigation is carried out strictly in accordance with law.
Cited by 3 cases
- Waqar Hussain Bhatti vs State etc PLJ 2022 Cr.C. 1083
- Waqar Hussain Bhatti vs The State and others 2022 MLD 1444
- TANZIM KHAN vs THE STATE 2012 YLR 1899