RAO MUHAMMAD IQBAL vs STATE, etc
This matter concerns a petition for post-arrest bail filed by the petitioner, who was accused in an FIR registered under Section 489-F of the Pakistan Penal Code 1860 regarding the dishonour of cheques. The core legal question before the Court was whether the petitioner was entitled to the grant of post-arrest bail given his period of incarceration, the completion of the investigation, and the existence of other similar criminal cases against him. The Court held that the petitioner should be admitted to bail. It reasoned that the petitioner had been incarcerated for seven and a half months and was no longer required for investigation purposes. Furthermore, the Court established the principle that the mere registration of other criminal cases of a similar nature, in the absence of conviction orders, does not automatically disentitle an accused person from the grant of bail. Additionally, the Court determined that the issue of whether the cheques were issued with dishonest intent constituted a matter requiring further inquiry, thereby justifying the grant of bail pending trial.
- Does the mere registration of other criminal cases of a similar nature, without accompanying conviction orders, disentitle an accused from the grant of bail?
- Is an accused entitled to post-arrest bail when they are no longer required for the purpose of investigation and have been incarcerated for a significant period?
- Does the determination of whether cheques were issued with dishonest intent require further inquiry at the bail stage?
- Section 489-F, Pakistan Penal Code 1860
ORDER
Petitioner seeks post-arrest bail in case FIR No, 867/4011 edated 16.10.2011, for an offence under Section 489-P, PPC, registered at Police Station 'A' Division, District Okara.
2. Briefly the facts as narrated in the FIR are that the petitioner issued two cheques amounting to Rs, 11.00,000/- and Rs,7,90,000/- which on presentation were dishonoured.
3. Learned counsel for the petitioner submits that the petitioner is behind the bars for the last 7% months and no more required for the purpose of investigation; he is aged about sixty year; that the cheques were issued as a guarantee cheques. Places reliance on Riaz Jafar Natiq versus Muhammad Nadeem Dar and others (2011 SCM R 1708), Zafar Iqbal versus Muhammad Anwar and others (2009 SCM R 1488) and prays for grant of post-arrest bail.
4. Conversely, learned, D.P.G. assisted by the learned counsel for the complainant submits that three cases under Section 489-F, PPC were registered against the petitioner; challan was submitted in the Court on 12.06.2012; he is a retired banker and the bank has also filed a recovery suit against him. He prays for dismissal of the bail application.
5. I have heard the learned counsel for the parties and perused the record.
6. The petitioner is behind the bars for the last 7(1/2) months and no more required for investigation purpose. Registration of criminal cases of similar nature if not accompanied 'by conviction orders would-not disentitle the petitioner from the grant of bail. The question whether the cheques were issued with dishonest intent requires further inquiry. In this view of the matter this application is accepted and the petitioner is admitted to post-arrest bail provided he furnishes bail bonds in the sum of Rs,500,000/- (five lac rupee) with two sureties each in the like amount to the satisfaction of the learned trial Court.