ALI MURTAZA Versus State
This is a criminal miscellaneous application seeking pre-arrest bail in respect of F.I.R. No. 934 of 2004 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station South Cantt., Lahore, concerning the dishonour of a cheque amounting to Rs. 3,40,000. The core legal question was whether the petitioner was entitled to pre-arrest bail where the offence did not fall within the prohibitory clause and investigation was complete. The Lahore High Court held that since the investigation was complete, the petitioner was no longer required for investigative purposes, and the maximum punishment for the alleged offence was three years' rigorous imprisonment—thereby falling outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898—the grant of bail was the general rule and refusal the exception. The court accordingly confirmed the pre-arrest bail, establishing the principle that bail should normally be granted in offences not falling within the prohibitory clause when further custody or investigation is unnecessary.
- Is a person entitled to pre-arrest bail under Section 489-F of the Pakistan Penal Code 1860 when the investigation is complete and the offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does the issuance of a dishonoured cheque amounting to an offence punishable with up to three years' rigorous imprisonment 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
Seeks pre-arrest bail in case F.I.R. No.934 of 2004 dated 6-12-2004 for the offence under section 489-F, P.P.C. registered at Police Station South Cantt., Lahore.
2. In nutshell the allegation against the petitioner is that he had issued a cheque amounting to Rs.3,40,000 which was not honoured when the same was presented before the Bank and the present F.I.R. was registered.
3. Bail is sought on the grounds that Mahboob Ali (father of the petitioner) owner of Al-Halal Paper Mill had business dealing with the complainant; Mahboob Ali (father of the petitioner) fell sick and was admitted to hospital, the petitioner in good faith to lessen the liability of his father issued cheque in favour of Muhammad Amir Khalid Mian, the said cheque was dishonoured and this case was registered. Submits that about the amount in dispute a civil suit tilted Al Hilal Paper Mills v. Amir Khalid Mian is also pending in the Court of competent jurisdiction and that the registration of this case is nothing but a mala fide act of the complainant. Conversely counsel for the -State as well as complainant vehemently opposed the bail application on the grounds that the issuance of cheque by the petitioner has not been denied, thus, the commission of offence under section 489-F, P.P.C. stands established from the data available on the record.
4. Heard. File perused.
The fact that petitioner had issued a cheque stands established from the record of this case but investigation of this case is complete and challan has been submitted before the trial Court. During the investigation nothing was recovered from the petitioner and he is no more required for any further investigation by the agency. The offence allegedly committed by the petitioner is punishable onty with three years' R.I. which does not fall within the prohibitory clause of section 497, Cr.P.C. Grant of bail in such-like cases is a rule and refusal is an exception. In this view of the :matter, this petition is allowed and ad interim pre-arrest bail already granted to the petitioner vide order, dated 16-2-2005 stands confirmed against the same surety bonds.
H.B.T./A-529/L Bail confirmed.
Cited by 13 cases
- Dr. ANJUM ARA MANZAR vs THE STATE 2011 YLR 2914
- AMANULLAH KHAN vs THE STATE 2011 P Cr. L J 774
- JALAL AKBAR vs THE STATE 2011 P Cr. L J 754
- MUHAMMAD ATIF vs THE STATE 2011 MLD 621
- TANVIR ELAHI vs THE STATE and others 2010 YLR 2110
- TANVEER ELAHI, DIRECTOR TAJ TEXTILE MILLS (LTD.) LAHORE vs STATE and another PLJ 2011 Cr.C. (Lahore) 847
- MUHAMMAD SALEEM Versus State 2009 YLR 2044
- MUHAMMAD MUNIR AHMAD vs THE STATE 2010 YLR 772
- IFTIKHAR AKBAR vs THE STATE 2008 MLD 159
- KASHIF SAEED vs THE STATE 2007 P Cr. L J 1875
- SHAHID AZIZ Versus State 2007 YLR 1810
- Maj. (Retd.) IJAZ-UL-HAQ vs TARIQ NAZIR BUTT and anothers 2006 P Cr. L J 564
- MAZHAR IQBAL vs THE STATE 2006 YLR 406