MUHAMMAD IQBAL Versus State

ORDER

ABDUL SAMI KHAN, J.--- Through this petition under section 498, Cr.P.C. the petitioner has sought pre-arrest bail in case FIR No.276/17, dated 02.06.2017 registered at Police Station City Muridkay, District Sheikhupura in respect of offence under section 489-F, P.P.C.

2. I have heard the learned counsel for the petitioner, learned Deputy Prosecutor General and learned counsel for the complainant and have also gone through the record with their able assistance. This is bail before arrest and only tentative assessment is permissible at this stage, therefore, without going into deeper appreciation of evidence, it is noticed that there is a delay of more than two and a half months in registration of FIR which has not been explained by the complainant which prima facie shows that the FIR has been got recorded after due deliberation and consultation. The original cheque in dispute is available on record and the same has been perused by this Court. The words "only for guarantee cheque" are mentioned on the back of the cheque in dispute, which denotes that the cheque has not been issued for fulfillment of any financial obligation rather it is a security cheque. In this view of the eventuality, the attraction of section 489-F P.P.C. qua the petitioner would be determined by learned trial court at an appropriate stage. In this context, reliance can be placed on the case of " Mian Allah Ditta v. The State and others " (2013 SCMR 51). Admittedly the petitioner is previous non-convict. He has already joined the investigation, which, as per statement of the investigating officer is complete, therefore, sending the petitioner behind the bars at this stage would not serve any beneficial purpose.

3. For what has been discussed above, false implication of the petitioner by the complainant after joining hands with local police cannot be ruled out of consideration, hence, this petition is allowed and the ad interim pre-arrest bail already granted to the petitioner is confirmed subject to furnishing bail bond in the sum of Rs.1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of learned trial court.

4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.

HBT/M-28/L Bail confirmed.