Bail cannot be withheld on the ground of huge amount

 PLJ 2025 Cr.C. (Note) 94

[Lahore High Court, Lahore]

Present: Tariq Saleem Sheikh, J.

MUHAMMAD JUNAID--Appellant

versus

STATE etc.--Respondents

Crl. Misc. No. 12914-B of 2025, decided on 24.3.2025.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Post-arrest bail, grant of--Dishonoured of cheque--Petitioner is accused of an offence, under Section 489-F, PPC which is punishable with imprisonment that may extend to three years, or with fine--Or with both--Thus, it does not fall within prohibitory clause of Section 497, Cr.P.C.--The Petitioner is behind bars since 17.11.2024 and is not required by police for further probe--His continuous incarceration would not advance prosecution case--Bail allowed.                         

                                                                               [Para 4 & 5] A & C

201 SCMR 1708.

Bail--

----Grounds for concession--The Supreme Court of Pakistan held that in such like cases concession of bail must be considered favourably--The mere fact that amount of cheques is huge cannot be pleaded as a ground for withholding concession of bail.                                                             [Para 4] B

PLJ 2015 SC 1087.

Mr. Muhammad Younas Bhullar, Advocate for Petitioner.

Rana Tasawar Ali Khan, DPG for State.

Rana Inzamam-ul-Hassan Joiya, Advocate for Complainant.

Date of hearing: 24.3.2025.

Order

Through this application, the Petitioner seeks post-arrest bail in case FIR No. 1933/2023 dated 2.10.2023 registered at Police Station Sabzi Mandi, District Gujranwala, for an offence under Section 489-F, PPC.

2.       As per FIR, the prosecution case is that the Petitioner issued three cheques for an aggregate sum of Rs. 41,43,500/-to the Complainant to discharge his liability but those were dishonoured.

3.       Arguments heard. Record perused.

4.       The Petitioner is accused of an offence, under Section 489-F, PPC which is punishable with imprisonment that may extend to three years, or with fine, or with both. Thus, it does not fall within the prohibitory clause of Section 497, Cr.P.C. In Riaz Jafar Natiq vs. Muhammad Nadeem Dar and others (2011 SCMR 1708), the Supreme Court of Pakistan held that in such like cases the concession of bail must be considered favourably. The mere fact that the amount of the cheques is huge cannot be pleaded as a ground for withholding the concession of bail. Reliance is placed on Mohsin Mustafa v. State etc. (PLJ 2015 SC 1087), wherein the apex Court held:

“... we further note that one of the considerations weighing with the High Court for refusing bail to the Petitioner was that the criminal case in hand involved a ‘huge amount’. It had been clarified by this Court in the case of Ijaz Akhtar v. The State (1978 SCMR 64) that involvement of a huge amount of money in a criminal case is to have no bearing upon the fate of an application for bail which is to be decided on the basis of its own merits and not on the basis of the amount involved.”

5.       The Petitioner is behind the bars since 17.11.2024 and is not required by the police for further probe. His continuous incarceration would not advance the prosecution case.

6.       In view of above, this application is allowed. The Petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs. 200,000/-(Rupees two hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Bail allowed