ZAHOOR AHMAD vs STATE and another
This matter concerns a petition for pre-arrest bail filed by the petitioner, Zahoor Ahmad, in relation to FIR No. 94/15 registered under Section 489-F of the Pakistan Penal Code 1860, following the dishonour of a cheque issued to the complainant for an alleged debt of Rs. 2,400,000. The core legal question was whether the petitioner was entitled to pre-arrest bail given the nature of the offence and the circumstances of the transaction. The Court held that the offence under Section 489-F of the Pakistan Penal Code 1860 is punishable by up to three years' imprisonment and does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Noting that the business transaction was admitted and the issue of dishonest intent required trial evidence, the Court confirmed the ad-interim pre-arrest bail. The key principle laid down is that where an offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, bail should generally be granted unless exceptional circumstances exist, as incarceration serves no useful purpose at the pre-trial stage.
- Does an offence under Section 489-F of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is pre-arrest bail appropriate when the underlying dispute involves a business transaction and the dishonest intent remains to be proven at trial?
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Zahoor Ahmad, petitioner seeks pre-arrest bail in case FIR No. 94/15 dated 23.02.2015 registered under Section 489-F, PPC at Police Station Old Kotwali, District Multan.
2. The allegation against the petitioner is that he borrowed Rs. 24,00,000/- from the complainant in the presence of PWs and issued a cheque No. 46149147 of Allied Bank Ltd., Bosan Road Branch, District Multan. When presented to the drawee, it was dishonored.
3. Arguments heard. Record perused.
4. The offence under Section 489-F, PPC is punishable with imprisonment of three years and does not fall within the prohibitory clause of Section 497, Cr.P.C. Admittedly, there is business transaction between the parties. The execution of cheque is not denied by the petitioner. Whether the cheque was executed dishonestly in order to cheat the complainant or otherwise, can only be determined at trial after recording of the evidence. Sending the petitioner behind the bars would not serve any useful purpose to the prosecution. The cheque in question statedly, is on the judicial file and the challan of the case has been sent to the Court for trial.
5. For the reasons mentioned supra, this petition is allowed and the ad-interim pre-arrest bail already granted is confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 5,00,000/- (Rupees Five Hundred Thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
6. The observations referred above are tentative in nature shall not prejudice the trial of the case.