MUHAMMAD SHAKEEL TUFAIL vs THE STATE and another
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 seeks post-arrest bail in case F.I.R. No. 1443 of 2009 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station Gulberg, Lahore, regarding the issuance of a dishonoured cheque. The core legal question concerns whether the petitioner is entitled to post-arrest bail for an offence not falling within the prohibitory clause, considering his medical condition and the completion of investigation. The Court holds that since the offence under Section 489-F carries a maximum punishment of three years and does not fall within the prohibitory clause, and the investigation is complete, the petitioner is entitled to bail as a rule pursuant to the principle that grant of bail in offences punishable with imprisonment for less than ten years is a rule and refusal an exception. The petition is accordingly allowed and the petitioner admitted to bail.
- Whether post-arrest bail should be granted under Section 489-F of the Pakistan Penal Code 1860 when the offence does not fall within the prohibitory clause?
- Is grant of bail the general rule for offences punishable with imprisonment for less than ten years?
- Section 497, Code of Criminal Procedure 1898
- Section 489-F, Pakistan Penal Code 1860
ORDER
MUHAMMAD YAWAR ALI, J.----Through this petition under section 497, Cr.P.C. the petitioner seeks grant of post-arrest bail in case F.I.R. No, 1443 of 2009, dated 24-12-2009 for offence under section 489-F, P.P.C. registered at Police Station Gulberg, Lahore.
2. It has been averred in the F.I.R. that petitioner issued a cheque in the sum of 700,000 in favour of respondent No,2 which when presented bounced on account of the fact that there were "Insufficient funds in the account".
3. Learned counsel for the petitioner submits that cheque in question was given as a guarantee and there was some business dealing between the respondent No, 2 and the petitioner. Learned counsel draws attention of this Court to Annexure "C" of this petition to show that petitioner is suffering from various ailments and as such he may be enlarged on bail.
4. On the other hand, learned D.P.-G. and counsel for respondent No, 2 oppose' the petition and submit that the petitioner has been named in the that there is no dispute of a civil nature between the petitioner and the respondent No, 2, that issuance of cheque is admitted, that Challan has been submitted before the trial Court on 20-1-2010 and that a bare reading of Medical Report No, 154, dated 1-3-2010 by the Medical Officer Central Jail Lahore placed as Annexure "C" of this petition would show that none of the ailments which has been mentioned in the report are dangerous to life.
5. Arguments have been heard and record perused.
6. It is an admitted position that offence under section 489-F, P.P.C. does not fall within the prohibitory clause and carries a maximum punishment of three years. Investigation of the case is complete and petitioner is no more required by the police authorities for the purposes of investigation. Learned Additional Sessions Judge, Lahore while refusing to grant bail vide order dated 17-3-2010 has observed that petitioner is an ailing person who needs medical treatment. A copy of Medical Report No, 154, dated 1-3-2010 issued by A Medical Officer Central Jail, Lahore placed as Annexure "C" of the petition reveals that petitioner "needs management from Gastroenterologist". The apex Court in case titled Tariq Bashir and 5 others v. The State PLD 2005 SC 34 has held that grant of bail in offences punishable with imprisonment for less than ten years is a rule and refusal an exception. This petition is, therefore, allowed and petitioner is admitted to bail subject to his furnishing bail bonds in the sum of 7,00,000 with one surety in the like amount to the satisfaction of trial Court.