ASDULLAH RAFIQUE vs STATE and another
The petitioner Asdullah Rafique sought pre-arrest bail in case FIR No. 74 dated 03.03.2015 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station City Kabirwala, District Khanewal. The core legal question was whether the petitioner was entitled to pre-arrest bail where the investigation revealed that the amount was not received as a loan and the cheque belonged to another person, rendering the FIR version incorrect. The Lahore High Court held that the petitioner's guilt called for further inquiry within the meaning of the criminal law, especially as the disputed cheque was already in the possession of the investigating agency and the alleged offence did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The court confirmed the pre-arrest bail, establishing the principle that where investigation casts doubt on the veracity of the FIR allegations and the offence falls outside the prohibitory clause, bail should be granted for further probe.
- Whether pre-arrest bail can be confirmed when the investigation reveals that the allegations in the FIR are incorrect?
- Does an offence under Section 489-F of the Pakistan Penal Code 1860 fall within the prohibitory clause?
- Is bail granted when the guilt of the petitioner requires further probe after joining the investigation?
- Section 489-F, Pakistan Penal Code 1860
ORDER
' Petitioner Asdullah Rafique sought pre-arrest bail in case FIR No. 74 dated 03.03.2015, offence under Section 489-F, PPC, registered at Police Station City Kabirwala, District Khanewal.
2. Case was registered on the complaint of Haji Mukhtiar Hussain who reported that present petitioner had received an amount of Rs. 4,40,000/- as loan in presence of witnesses. For repayment of the amount, he issued a cheque which was presented before the bank authorities and the same was dishonoured on the ground of lack of funds in the account.
3. Heard. Perused.
4. During investigation it has come on record that the amount was not received as loan by the petitioner from the complainant and in fact cheque in question was of some other person who was liable to pay the amount to the complainant. The version as contained in the FIR was found incorrect during investigation. Petitioner has already joined investigation and the cheque in question is in possession of the investigating agency. The question whether provisions of Section 489F, PPC are attracted in this case, will be determined at trial after recording evidence. At present stage, guilt of petitioner needs further probe and his case calls for further inquiry. Further the offence alleged against the petitioner does not fall within prohibitory clause.
5. Resultantly, this petition is accepted and ad-interim bail already granted to petitioner by this Court is confirmed subject to furnishing fresh bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.