2010 PLP 2421(2) (YLR)

The petitioner Muhammad Sarfraz seeks his pre-arrest bail in a case arising out of F.I.R. No. 820/2008, dated 28-10-2008, registered in Police Station Sabzazar, Lahore, under section 489-F, P.P.C.

2. Succinctly, the allegations leveled by the complainant against the present petitioner in the F.I.R. are that the said petitioner gave him two Cheques bearing No.71052837 and 71052838 of Rs.50,000 each, which were dishonoured by the concerned Bank, when presented for encashment, due to insufficient funds. The complainant contended that he contacted the accused/present petitioner after bouncing of the afore-mentioned cheques but he refused to pay the disputed amount.

3. Learned counsel for the petitioner submits that there was business relations between the petitioner and the complainant and the cheques in dispute were issued against purchase of cement but subsequently, a compromise was effected between the parties on 29-2-2008 whereby Rs.50,000 was paid to the complainant. He further submits that through a second compromise dated 9-4-2008, an additional amount .of Rs.70,000 was paid and presently only Rs.20,000 is outstanding against the present petitioner. He argued that the matter in dispute is also pending adjudication in a Civil Court and the punishment of the offence alleged to have been committed by the present petitioner is only three years. Lastly, he contended that grant of bail in such like cases is a rule and refusal an exception.

4. Conversely, learned Deputy Prosecutor-General as well as the learned counsel for the complainant submitted that the petitioner has not denied his signatures on the cheques in dispute. Learned counsel for the complainant also denied the second agreement dated 9-4-2008 whereby the present petitioner allegedly paid an amount of Rs.70,000 to the complainant. Learned counsel for the complainant argued that there is no mala fide on the part of the complainant for false implication of the present petitioner and the present petitioner is not entitled to extra-ordinary concession of-fire-arrest bail.

5. Arguments heard. Record perused.

6. During, the course of arguments, the petitioner volunteered to pay an amount of Rs.90,000 (Rs.65000 in hard cash and Rs.25,000 in the form of prize bonds) to the complainant, today, in the Court, subject to the condition that the complainant/Mian Manzoor Hussain would be bound to refund the afore-mentioned amount, in case the suit for rendition of account and return of original document, which has been filed by the present petitioner/Muhammad Sarfraz against the complainant in a civil Court, is decided against him. The pendency of a civil suit prima facie establishes that there was some business transaction and the matter in dispute is primarily of a civil nature. Furthermore, in view of the payment of Rs.90,000 (Rs.65,000 in hard cash and Rs.25,000 in the form of prize bonds) by the petitioner to the complainant, today, in the Court, subject to the aforesaid condition, the intended arrest of the petitioner by the police would be of no use except causing unnecessary harassment and humiliation to the present petitioner, at the hands of the Investigation Agency.

7. Consequently, the petition for pre-arrest bail, filed by Muhammad Sarfraz, is accepted subject to submission of fresh bail bond in the sum of Rs.50,000, with one surety, in the like amount to the satisfaction of learned trial Court. H.B.T./M-386/L Bail granted.