EHSAN ULLAH vs THE STATE

ORDER

' FAZAL-E-MIRAN CHAUHAN, J.---Ehsan Ullah, the petitioner, seeks post-arrest bail in case F.I.R. No, 154, dated 14-4-2007, offence under section 489-F, P.P.C. Registered with Police Station, Qila Didar Singh, District Gujranwala for the allegation that the petitioner issued a cheque amounting to Rs, 20,00,000 to the complainant, which was dishonoured on its presentation, hence, this case.

2. Learned counsel for the petitioner states that the petitioner is innocent and has been falsely roped in this case by complainant with mala fide intention in connivance with local police. The petitioner was arrested iii this case on 16-4-2007 and since then he is behind the bars. Challan has been submitted in the Court on 23-7-2007 but no progress had taken place so far. The offence alleged to have been committed by the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. The grant of bail in such like cases is a rule and refusal is an exception, therefore, the petitioner is entitled to the concession of bail.

3. Conversely, learned Deputy Prosecutor-General for the State opposed this bail petition contending that, the petitioner is nominated in the F.I.R. With specific role of issuing a cheque of huge amount to the complainant, which was dishonoured; the material available on the record connects the petitioner with the alleged offence. Challan has been submitted in the Court and trial has commenced, thus, the petitioner does not deserve the concession of bail.

4. Having given the profound considerations to the respective arguments advanced by learned counsel for the parties and perused the record, it manifests that, the petitioner is named in the F.I.R.

With specific role of issuing a cheque amounting to Rs, 20,00,000 to the complainant, which was dishonoured on its presentation, which prima facie directly connects him with the commission of alleged offence. Issuance of the cheque is not denied by the petitioner. The argument that in such like cases, bail should be granted as a rule has no force Section 489-F, P.P.C. Was added with the intent to curb the practice of issuing of cheques with the intention to cheat the others. The bails are being sought on the ground that, the offence does not fall within the prohibitory clause of section 497, Cr.P.C. Every case has to be adjudged according to its own merits.

' Sometime, the cheques are issued as a security and the same are presented without notices to the drawer. Here in this case, the cheque was issued knowing that there is no sufficient amount in the Bank and the steps were taken to ensure that the cheque would be encashed. The intention of the petitioner was to postpone the demand, for the time being by giving a cheque to the complainant with the knowledge that the same would be dishonoured. In such like cases, bail is not to be granted in routine.

5. For the foregoing reasons, this bail petition is dismissed; however learned Trial Court is directed to conclude the trial of the case within a period of three months, on receipt of this order, under intimation to the Deputy Register (judicial). Of this Court.