Muhammad Arslan vs State etc
This criminal miscellaneous petition was filed by Muhammad Arslan seeking post-arrest bail in case F.I.R. No. 498/2020 registered under Section 489-F of the Pakistan Penal Code, 1860 at Police Station Manawan, District Lahore. The core legal question was whether the petitioner was entitled to post-arrest bail considering the delay in lodging the F.I.R., the absence of corroborative material regarding the transaction during investigation, and whether the offense fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898. The Lahore High Court accepted the petition and admitted the petitioner to post-arrest bail. The court held that the unexplained delay of over seven months in reporting the matter, the absence of specific details regarding the issuance of the cheque, and the fact that the offense carries a maximum punishment of three years and does not fall within the prohibitory clause of Section 497, Cr.P.C., rendered the case one of further inquiry. The key principle laid down is that grant of bail in offenses not falling within the prohibitory clause is a rule and refusal is an exception.
- Whether unexplained delay in lodging an F.I.R. under Section 489-F of the Pakistan Penal Code 1860 makes a case one of further inquiry for the purpose of bail?
- Does an offense 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 grant of bail the general rule when an offense does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
By means of instant petition, learned counsel for the petitioner seeks permission to place on record certain documents. For the reasons recorded therein, same is allowed subject to all just and legal exceptions.
Main Case Malik Squad Ahmad Khokhar , Advocate for Petitioner .
Mr. Muhammad Nauman Siddique, DPG with Iftikhar A.S.I.
Ch. Muhammad W aseem Gujjar , Advocate for Complainant.
2. The petitioner-Muhammad Arslan seeks post arrest bail in case F.I.R. No. 498/2020, dated 17.04.2020, registered under Section 489-F of The Pakistan Penal Code, 1860, at Police Station Manawan, District Lahore.
3. Heard. Record perused.
4. In the instant case, the occurrence took place on 6.9.2019, whereas the matter was reported to the police on 17.4.2020 with the delay of 07-months and 11-days for which no plausible explanation has been rendered by the complainant. The complainant has not specifically mentioned that when, where and in whose presence, the petitioner handed over the alleged cheque to the complainant. Even the complainant has also not stated the names of customers from whom the petitioner has received outstanding amount, nor said customers were produced before the investigating officer during investigation to substantiate the plea that an amount of Rs. 27,00,000/-was outstanding against them and same was received by the petitioner , which makes the case of the petitioner one of further inquiry . The question whether the disputed cheque was issued dishonestly or not is a matter , which could only be decided by the learned trial Court after recording of evidence of the parties. The petitioner is behind the bars since his arrest and his person is no more required for further investigation. The maximum punishment for commission of an offence punishable under Section 489-F , PPC is three years and the same does not fall within prohibitory clause of Section 497, Cr.P.C. In the case of "Tariq Bashir and 5 others v. The State " (PLD 1995 SC 34), it is held that grant of bail in such like cases is a rule and refusal thereof an exception. No exceptional ground is available to withhold the concession of bail.
5. For the reasons supra, the petition is accepted and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.