MUHAMMAD JAVAID GHANI vs STATE
This matter concerns a post-arrest bail application filed by the petitioner, who was accused in FIR No. 1055/2008 registered under Section 489-F of the Pakistan Penal Code 1860. The allegations involved the issuance of a cheque for Rs. 1,200,000 which was subsequently dishonoured. The petitioner's initial bail application had been dismissed by the Additional Sessions Judge, Lahore. Upon review, the High Court observed that the alleged offence did not fall within the prohibitory clause of the relevant law and that the petitioner was no longer required for further investigation. Consequently, the Court accepted the petition and granted post-arrest bail to the petitioner, subject to the furnishing of a bail bond in the sum of Rs. 100,000 with one surety to the satisfaction of the trial court. The judgment reinforces the principle that where an offence does not fall within the prohibitory clause and custodial interrogation is no longer necessary, bail is generally appropriate.
- Is an accused entitled to post-arrest bail for an offence under Section 489-F of the Pakistan Penal Code 1860 if the offence does not fall within the prohibitory clause?
- Does the completion of investigation and the lack of necessity for further custody justify the grant of bail?
- Section 489-F, Pakistan Penal Code 1860
ORDER
Post arrest bail application in case FIR No, 1055/2008 dated 31.12.2008 under Section 489-F PPC registered with Police Station Shalimar, Lahore wherein it is alleged that petitioner gave a cheque of Rs, 12,00,000/- dated 27.10.2008 of Muslim Commercial Bank Limited Beedan Road, Lahore Branch to the complainant, however the same was dishonoured, hence this case. After arrest bail application of the petitioner was dismissed by learned Addl: Sessions Judge, Lahore vide order dated 30.01.2009, hence this petition to this Court.
2. After hearing learned counsel for the petitioner and learned Deputy Prosecutor General assisted by learned counsel for the complainant, I am of the view that since offence does not fall within prohibitory clause and petitioner is no more required for investigation.
This petition is, therefore, accepted and the petitioner is allowed bail in the sum of Rs,100,000/- with one surety in the like amount to the satisfaction of the learned trial Court.