Bail Allowed as FIR was lodge after one year Delay
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This case involves a bail petition heard by the Lahore High Court. The petitioner, Muhammad Asif, was accused under Section 489-F of the Pakistan Penal Code, which deals with issuing a cheque that bounces despite knowing there were insufficient funds. The complainant alleged that Asif issued a cheque worth Rs. 10 lakh that was dishonoured when presented to the bank. However, the FIR was only lodged more than a year after the alleged offence, and this delay was never explained by the prosecution.
The court noted several important points in granting bail. First, the offence carries a maximum punishment of three years, meaning it does not fall under the more serious category of offences where bail is typically harder to get. Second, whether the cheque was issued dishonestly is a matter to be decided at trial, not at the bail stage. Third, the court emphasized that Section 489-F is meant to be a criminal provision, not a tool for recovering unpaid debts. The court also noted that although Asif faced similar cases elsewhere, he had been granted bail in all of them and was not convicted in any. Since the investigation was complete and the trial had not yet begun, the court found no benefit in keeping him in custody indefinitely, granting him bail with financial sureties.
یہ مقدمہ لاہور ہائی کورٹ میں دائر ایک ضمانت کی درخواست سے متعلق ہے۔ درخواست گزار محمد آصف پر پاکستان پینل کوڈ کی دفعہ 489-ایف کے تحت الزام عائد کیا گیا تھا، جو ایسے چیک جاری کرنے سے متعلق ہے جو ناکافی رقم کے علم کے باوجود جاری کیا جائے اور بعد میں بینک سے واپس ہو جائے۔ مدعی کے مطابق آصف نے دس لاکھ روپے مالیت کا ایک چیک جاری کیا تھا جو بینک میں پیش کیے جانے پر مسترد ہو گیا۔ تاہم ایف آئی آر مبینہ جرم کے وقوع کے ایک سال سے زائد عرصے بعد درج کروائی گئی، اور استغاثہ اس تاخیر کی کوئی توجیہ پیش نہ کر سکا۔
عدالت نے ضمانت منظور کرتے ہوئے کئی اہم نکات کا ذکر کیا۔ اول، اس جرم کی زیادہ سے زیادہ سزا تین سال ہے، جس کا مطلب ہے کہ یہ ان سنگین جرائم کی فہرست میں شامل نہیں جن میں عموماً ضمانت ملنا مشکل ہوتا ہے۔ دوم، یہ کہ آیا چیک بددیانتی سے جاری کیا گیا تھا یا نہیں، اس کا فیصلہ ٹرائل کے دوران ہونا ہے، ضمانت کے مرحلے
Generated from the full judgment text below — not a substitute for reading the actual opinion.
PLJ 2015 Cr.C . (Lahore) 255 Present: James Joseph , J. MUHAMMAD ASIF --Petitioner versus STATE and another --Respondents Crl . Misc. No. 338-B of 2015, decided on 2.2.2015. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 489-F--Bail, grant of--Further inquiry--Delay of one year in lodging of FIR-- Dishonoured of cheque --Offence with which petitioner was charged entails a maximum punishment of three years and as such same does not fall within prohibitory clause of section 497, Cr.P.C . Whether petitioner issued cheque in question dishonestly or otherwise, would be adjudged by trial Court after recording of evidence--Even otherwise section 489-F PPC is a penal section which cannot be used for recovery of out-standing amount--Although petitioner was stated to be involved in few other cases of similar nature but he has been allowed bail in all cases and it has frankly been conceded by DDPP that petitioner was not convicted in any one of those--Investigation qua petitioner was complete-- Challan has been submitted before trial Court where reportedly trial has not commenced so-far--No useful purpose would be served by keeping petitioner behind bars for an indefinite period--Petitioner has become one of further inquiry, petition was allowed and petitioner was admitted to post arrest bail. [P. 256] A & B 2011 SCMR 1708, rel . Mr. A.D Bhatti , Advocate for Petitioner. Mr. Usman Iqbal , DDPP with for State. Mr. Imtiaz Ahmad Chohan , Advocate for Complainant. Date of hearing: 2.2.2015. Order Petitioner Muhammad Asif seeks post arrest bail in case FIR No. 726/2014 dated 19.08.2014 u/S. 489-F PPC registered at P.S. Sanda , Lahore.
2. Briefly the prosecution story as unfolded in the FIR is that the petitioner issued a cheque worth of Rs. 10 ,00,000 /- to the complainant which on its presentation before the concerned bank was dishonoured .
3. I have heard the learned counsel for the parties and perused the record.
4. There is delay of more then one year in lodging of the FIR which has not been explained. The offence with which the petitioner is charged entails a maximum punishment of three years and as such the same does not fall within the prohibitory clause of Section 497, Cr.P.C . Whether the petitioner issued the cheque in question dishonestly or otherwise, would be adjudged by the trial Court after recording of evidence. Even otherwise Section 489-F PPC is a penal section which cannot be used for the recovery of out-standing amount.
5. Although the petitioner is stated to be involved in few other cases of similar nature but he has been allowed bail in all cases and it has frankly been conceded by learned DDPP that the petitioner was not convicted in any one of those. Investigation qua the petitioner is complete. Challan has been submitted before the trial Court where reportedly trial has not commenced so-far. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period. Reliance is placed upon the case titled as " Riaz Jafar Natiq versus Muhammad Nadeem Dar and others" (2011 SCMR 1708).
6. In view of the above the matter to the extent of petitioner has become one of further inquiry. Resultantly this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs. 200,000/- (Rupee two lac only) with two sureties in the like amount to the satisfaction of learned trial Court.
7. It is pertinent to mention here that the observations made supra are tentative in nature. (A.S.) Bail allowed