Rana Sher Afzal vs State and another
The petitioner sought pre-arrest bail in a criminal case registered under Section 489-F of the Pakistan Penal Code 1860, concerning the alleged issuance of dishonoured cheques. The core legal question involved whether the petitioner made out a case for confirmation of pre-arrest bail in view of an unexplained delay in lodging the FIR, police findings during investigation that the petitioner had paid excess amounts and nothing was outstanding, and a pending civil suit for rendition of accounts filed by the petitioner. The Lahore High Court allowed the petition and confirmed the pre-arrest bail, holding that mala fide on the part of the complainant for false implication could not be ruled out given the specific facts and circumstances. The key principle laid down is that the liberty of a person is a precious constitutional right, and courts can evaluate and consider mala fide from the surrounding facts and circumstances of a case while deciding pre-arrest bail matters.
- Whether pre-arrest bail can be confirmed when police investigation concludes that no amount is outstanding against the accused?
- Does an unexplained delay in lodging an FIR support a finding of mala fide for the grant of pre-arrest bail?
- Can the pendency of a civil suit for rendition of accounts between the parties be a ground for establishing mala fide in a criminal case?
- Section 489-F, Pakistan Penal Code 1860
- Constitution of Pakistan 1973
ORDER
Rana Sher Afzal, petitioner seeks pre-arrest bail in case FIR No. 2305 dated 23.12.2020 offence under Section 489-F , PPC registered at Police Station North Cantt. District Lahore.
2. Precisely the allegation against the petitioner , as per FIR, is that he issued two cheques total amounting to Rs.
18,50,000/- (rupees eighteen lakh fifty thousand only) to the complainant, which were dishonoured on presentation in the bank.
3. Heard. Record perused,
4. As per relevant column of the FIR, the alleged incident took place on 17.09.2 020 whereas the case was got registered on 23.12.2020 i.e. with the delay of more than three months without there being any satisfactory explanation. The precise allegation against the petitioner is that he issued two cheques total amounting to Rs.
18,50,000/- which were dishonoured by the concerned bank. As apprised by the learned Law Officer under instructions and after perusal of record, during investigation, it was concluded by the police that as per record, the petitioner paid access amount to the complainant and nothing is outstanding against him. The petitioner has also instituted a suit for rendition of accounts against the-complainant on 30.01.2021, which is still pending before the learned Civil Judge, 1st Class, Lahore. Under the circumstances, mala fide on the part of the complainant for false implication of the petitioner cannot be ruled out.
5. Liberty of a person is a precious right which has been guaranteed by the constitution of Islamic Republic of Pakistan, 1973. It is a settled principle of law that the Court can even look into and evaluate the mala fide from the facts and circumstances of the case, which apparently oozing in this case from the facts and circumstances discussed above. In this regard, reliance is placed on the case laws reported as "Ajmal Khan us. Liaqat Hayat and another" (PLD 1998 SC 97 ) and " Syed Muhammad Firdaus and others us. The State" (2005 SCMR 784 ),
6. For what has been observed above, this petition is allowed and ad-interim pre-arrest bail already allowed to the petitioner is hereby confirmed subject to his furnishing fresh 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 learned trial Court.
7. Before 'parting with this Order , it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition, which shall not influence the learned trial Court in any manner whatsoever .