Rashid Hussain vs The State and another
The petitioner sought post-arrest bail in case F.I.R. No. 375 dated 5.9.2013 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station Kot Mithan District Rajanpur, involving the alleged issuance of a dishonoured cheque amounting to Rs. 35,00,000/-. The core legal question was whether the petitioner was entitled to post-arrest bail for an offence not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that since the maximum sentence for the offence is three years, the petitioner is no longer required for investigation, has no prior similar criminal record, and the offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, the case warranted the grant of bail following the principle that bail in non-prohibitory cases is the rule and refusal is an exception. The petition was accordingly allowed.
- Whether post-arrest bail should be granted when an offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is a petitioner entitled to bail under Section 489-F of the Pakistan Penal Code 1860 when the maximum sentence is three years and investigation is complete?
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' SHEHRAM SARWAR CH., J. -- Rashid Hussain, petitioner seeks post-arrest bail in case F.I.R. No, 375, dated 5.9.2013, offence under Section 489-F, PPC, registered at Police Station, Kot Mithan District Rajanpur.
2. Precise allegation against the petitioner as per F.I.R. Is that he issued a cheque amounting to Rs,35,00,000/- (Rupees thirty-five lakh only) to the complainant which was dishonoured on its presentation.
3. Heard. Record perused.
4. The petitioner was arrested on 21.7.2016 and since then, he is behind the bars. Maximum sentence for the offence alleged against the petitioner is three years. He is no more required for the purposes of investigation by the protecution. The petitioner is not involved in any other case of such-like nature. Offence under Section 489-F, PPC does not fall within the prohibitory clause of Section 497, Cr.P.C.
5. Thus keeping in view the law laid in the case of "Zafar lqbal Vs. Muhammad Anwar and others"
(2009 SCM R 1488) ordaining that where a case falls within non-prohibitory clause, the concession of granting bail must be favourably considered and should only be declined in exceptional cases. I do not find this to be a case where it should be refused as an exception. Therefore, this petition is allowed and the petitioner is granted post-arrest bail subject to his furnishing bail bond in the sum of Rs, 1.00,000/- (Rupees one lakh only) with one surety in the like amount to the satisfaction of the learned Trial Court.