Afzal Ali vs The State
This matter comes before the Lahore High Court through a petition filed under Section 497 of the Code of Criminal Procedure 1898, whereby the petitioner Afzal Ali sought post-arrest bail in case F.I.R. No. 440 registered under Section 489-F of the Pakistan Penal Code 1860 regarding the dishonour of cheques due to insufficient funds. The core legal question revolved around whether post-arrest bail could be granted on the basis of a compromise between the accused and the complainant. The court decided to allow the petition based on the compromise arrived at between the parties, wherein a partial payment was made in court and an undertaking was recorded for the payment of the remaining amount, along with stipulations regarding potential bail cancellation in case of default. The key principle laid down is that a bona fide compromise coupled with part payment and an undertaking to clear remaining dues can serve as a sufficient ground for granting post-arrest bail in cases involving financial transactions under Section 489-F of the Pakistan Penal Code 1860.
- Whether post-arrest bail can be granted on the basis of a compromise between the parties in a case under Section 489-F of the Pakistan Penal Code 1860?
- Can bail be admitted subject to an undertaking given by the petitioner for the payment of remaining dues to the complainant?
- What is the effect of a compromise involving part-payment of the disputed amount on a pending bail application?
- Section 497, Code of Criminal Procedure 1898
- Section 489-F, Pakistan Penal Code 1860
ORDER
IJAZ AHMAD CHAUDHRY, J. - Through this petition under Section 497, Cr.P.C., Afzal Ali petitioner seeks bail after arrest in case F.I.R. No. 440, dated 23.6.2009, registered under Section 489-F, P.P.C. At Police Station Ichhra, Lahore on the application of Khalid Mahmood complainant with the allegation that the petitioner dishonestly issued two cheques No. CA 8721448 and CA 8721449 worth Rs. 3,00,000/- each N.I.B. Bank Ichhra Branch, Lahore which were dishonoured from the concerned bank due to insufficient funds.
2. A compromise has been arrived at between the parties according to which an amount of Rs.
50,000/- has been paid to the complainant on behalf of the petitioner by the father of the petitioner in Court and the learned counsel for the petitioner contends that the petitioner has given undertaking that after release from jail within six months remaining amount of Rs. 1,68,000/- will be paid to the complainant by the petitioner and in case the petitioner fails to pay the said amount the complainant can file application for cancellation of the bail of the petitioner which can be considered at the stage. However, regarding remaining amount the complainant can file civil proceedings for the recovery of the amount.
3. In view of the above compromise, this application is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned IIIaqa/Judicial Magistrate.
Bail after arrest granted.