ABDUL QAYYUM Versus STATE

Ikram Ullah complainant got recorded F.I.R. No. 576, dated 14-10-1997 at Police Station Alipur Chatha, District Gujranwala under sections 420, 468 and 471, Pakistan Penal Code wherein he alleged that he supplied rice valuing Rs.4,41,559 to Abdul Qayyum petitioner-accused during the month of April, 1997. Abdul Qayyum is said to have issued cheque, dated 10-5-1997 for United Bank Limited Branch, Hafizabad to the extent of the aforesaid amount which was dishonoured as no amount was available, in his Account No.2217. The law was set in motion. The evidence was procured and Abdul Qayyum was arrested on 6-8-1998 in this case who was earlier arrested in an other case and was lodged in District Jail, Mandi Baha-ud-Din. The bail application of this petitioner has been rejected by the learned lower Courts who have filed this petition before this Court with the same desire.

2. I have heard the learned counsel for the parties as well as the learned State Counsel and gone through the record before me. The main contention of the learned counsel for the petitioner-accused is that the offences with which the petitioner-accused has been charged do not fall within the propitiatory clause and for that matter he is entitled to be admitted to bail. I express my inability to agree with him. As rightly pointed out by the learned counsel for the complainant the petitioner, who is the Principal of a Government College has defrauded the complainant of this case and two other persons by issuing the forged documents/cheques prepared by him as valuable security. The ruling printed as Laal Hussain v. Muhammad Akbar and 2 others (1995 PCr.LJ 946 Lahore) is applicable to the facts of this case wherein it has been held that fraud is serious offence only a degree less serious than 'Haraba' and the bail allowed to the accused of the case by the Court of Session was cancelled on the ground that the evidence apparently was available to connect the accused with the commission of the offence. In the said case cheque valuing Rs.2,50,000 was dishonoured by Habib Bank Limited Branch, Chakwal. This accused is also involved in two cases of the same nature registered at F.I.R. No.369, dated 8-7-1998 at Police Station Phalia, District Mandi Baha-ud-Din under -sections 420, 461 and 471, Pakistan Penal Code and Crime Case No.258, dated 15-6-1997 registered at Police Station Saddar, Hafizabad under sections 420, 406 and 379, Pakistan Penal Code. The rice is said to have been supplied by the complainant in Alipur Chatha and the cheque is said to have been scribed by the accused-petitioner in Alipur Chatha. In the circumstances of the matter the conduct of the petitioner, who is the Principal of an Educational Institution, has made me to hold that it is an exceptional case wherein the bail is refused to him. Even according to section 168, Pakistan Penal Code a public servant, being legally bound as such public servant not to engage in trade, engages in trade shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both. Section 168, Pakistan Penal Code is bailable.

However, in view of what has been expressed above, the petitioner is not entitled to be admitted to bail.

3. For what has been said above, I see no merit in this petition and dismiss the same.

H.B.T./A-15/L Petition dismissed.