MUHAMMAD YOUSAF AAMIR vs STATE & another
This matter concerns a petition for post-arrest bail filed by the petitioner, Muhammad Yousaf Aamir, who was accused in an FIR registered under Section 489-F of the Pakistan Penal Code, 1860, regarding a dishonoured cheque issued to the complainant. The core legal question was whether the petitioner was entitled to the grant of post-arrest bail given the nature of the offence and the status of the trial proceedings. The Lahore High Court held that the petitioner should be admitted to bail. The Court reasoned that the alleged offence did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898. Furthermore, the petitioner had no prior criminal record, had been incarcerated for a significant period, and the trial had not yet commenced, with no prosecution witnesses examined. The Court established the principle that criminal proceedings for dishonoured cheques should not be utilized as a coercive tool for the recovery of disputed financial amounts, and that indefinite incarceration is unjustified when the trial's conclusion is not in sight.
- 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?
- Can criminal proceedings for a dishonoured cheque be used as a tool for the recovery of money?
- Is a petitioner entitled to post-arrest bail when the trial has not commenced and the offence is outside the prohibitory clause?
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Learned counsel appearing on behalf of the complainant states that though at the stage of hearing of pre-arrest bail of the petitioner bearing Crl. Misc. No. 6584/B/2016 he argued the case on behalf of the complainant but today he though has been engaged by the complainant to represent him before this Court yet is not having power of attorney, however he is ready to argue the matter.
2. Through this petition, Muhammad Yousaf Aamir the petitioner seeks post arrest bail in case FIR No. 462 dated 19.08.2016 registered for offence under Section 489-F of Pakistan Penal Code, 1860, at Police Station Model Town Burewala, District Vehari.
3. Shortly, the allegation against the petitioner as per narration available in the crime report is that having business relations with the complainant, he issued a cheque valuing Rs. 34,56,789/- to the complainant which stood dishonoured on presentation to the concerned bank.
4. Arguments heard. Record perused.
5. The petitioner, as per crime report was having business relationship with the complainant in view of which issuance of the subject cheque with dishonest intention is to be looked in by the learned trial Court after recording the evidence as according to the stance taken by the petitioner he issued the cheque in question as a security and not to discharge any liability against him. Without going further into other merits of the case, it has been observed that the offence alleged does not fall within the prohibitory clause of Section 497 of The Code of Criminal Procedure, 1898. The petitioner having no previous criminal record is behind the bars since 16.01.2017 while conclusion of trial is not in sight as admittedly not even a single prosecution witness stands recorded by the learned trial Court so far. The registration of a criminal case for the offence alleged is not to be used as a tool for the recovery of amount in issue between the parties. In the above mentioned circumstances, keeping the petitioner incarcerated till indefinite period is not likely to serve any useful purpose. Hence, the instant petition is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/- with two sureties each in the like amount to the satisfaction of learned trial Court.