Abdul Ghafoor Bhatti vs State and another
This matter arises from a petition for pre-arrest bail filed by the petitioner in respect of FIR No. 328 of 2019 under Section 489-F of the Pakistan Penal Code 1860, registered at Police Station Hajipura, District Sialkot. The core legal question concerns whether the petitioner is entitled to confirmation of pre-arrest bail where the disputed cheque was allegedly issued merely as a financial guarantee in a transaction previously subjected to criminal proceedings and subsequent compromise involving the petitioner's son. The Lahore High Court held that the circumstances, including prior litigation over the same transaction resulting in an acquittal under Section 249-A of the Code of Criminal Procedure 1898 and the investigating officer's finding that the cheque served as a guarantee, established mala fide and an ulterior motive on the part of the complainant. The petition was accepted, and the ad interim pre-arrest bail was confirmed subject to furnishing fresh bail bonds. The key principle laid down is that pre-arrest bail is designed to protect innocent persons where a criminal case is instituted with mala fide intent over a guarantee transaction.
- Whether pre-arrest bail can be confirmed when a disputed cheque was issued as a guarantee rather than for an existing dishonoured debt?
- Is a petitioner entitled to pre-arrest bail if the criminal complaint is found to be lodged with mala fide and ulterior motives?
- Does a prior compromise and acquittal of a co-accused in a related FIR for the same transaction affect the grant of bail in a subsequent case?
- Section 489-F, Pakistan Penal Code 1860
- Section 406, Pakistan Penal Code 1860
- Section 249-A, Code of Criminal Procedure 1898
ORDER
1. In continuation of order dated 16-06-2020, whereby petitioner was granted ad interim pre-arrest bail in the instant case i.e. FIR No. 328 of 2019, for offence under Section 489-F , PPC, registered at Police Station Hajipura, District Sialkot, I have further heard learned counsel for the parties and observed that as per record earlier complainant got registered a case vide FIR No. 415 of 2018 at the same Police Station for offence under Section 406, PPC against Muhammad Yasin son of the petitioner regarding the same transaction. On 18-09-2018 compromise was affected between the parties and Muhammad Yasin was granted post arrest bail.. Subsequently , Muhammad Yasin was acquitted of the charge vide judgment dated 11-03-2020 by learne d Additional Sessions Judge, Sialkot, in application under Section 249-A, Cr.P.C. During investigation, Investigating Officer has concluded that in the present case disputed cheque was given by the petitioner to complainant as guarantee of his son Muhammad Yasin. These facts and circumstances sufficiently establish that disputed cheque was issued to the complainant as guarantee and complainant has, involved the petitioner in this case with mala fide and ulterior motive. Concession of pre-arrest bail is meant for the innocent persons. Resultantly , this petition is accepted and ad interim pre-arrest bail already granted to the petitioner is hereby confirmed, subject to furnishing fresh bail bonds in the sum of Rupees One Lac (Rs.1,00,000/-), with one surety , in the like amount, to the satisfaction of trial Court.