Ghulam Murtaza vs The State And Another
This matter comes before the Lahore High Court through a petition under Section 498 of the Code of Criminal Procedure 1898, whereby the petitioner seeks pre-arrest bail in case F.I.R. No. 749/2009 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station Saddar Gujranwala. The core legal question is whether pre-arrest bail should be confirmed when the disputed cheque was issued by another person and the petitioner has been declared innocent during the police investigation. The Court held that since the cheque was issued by someone else and the Investigating Officer found the petitioner innocent, the pre-arrest bail is to be confirmed. The key principle laid down is that where an accused is declared innocent by the police and did not commit the overt act attributed in the penal provision, pre-arrest bail is rightly confirmed.
- Whether pre-arrest bail can be confirmed when the accused was declared innocent by the Investigating Officer?
- Is an accused liable under Section 489-F of the Pakistan Penal Code 1860 if the disputed cheque was issued by another person?
- Section 498, Code of Criminal Procedure 1898
- Section 489-F, Pakistan Penal Code 1860
ORDER
1. MUHAMMAD YAWAR ALI, J. - Through this petition under Section 498, Cr.P.C. Petitioner seeks pre- arrest bail in case F.I.R. No. 749/2009, dated 13.11.2009 for an offence under Section 489-F, P.P.C.
2. Registered at Police Station Saddar Gujranwala.
3. I have heard the arguments of learned counsel for the parties and perused the record minutely.
4. It is an admitted position that cheque referred to in the F.I.R. Was issued by one Javed and not the petitioner. Section 489-F, P.P.6. Is reproduced below:- "Whoever dishonestly issues a cheque towards repayment of a loan or fulfilment of an obligation which is dishonoured on presentation, shall be punishable with imprisonment which may extend to three years, or with fine, or with both, unless can, establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque."
5. There is no allegation that petitioner dishonestly issued the cheque referred to in the F.I.R. Learned D.P.G. Has pointed out that petitioner has been declared innocent by the Investigating Officer vide daily diary No. 26, dated 15.6.2010.
6. In view of the above, this petition is allowed and the ad-interim pre-arrest bail already granted to the petitioner vide order 10.6.2010 stands confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 5,00,000/- with one surety in the like amount to the satisfaction of Trial Court.