2014 PLP 1369 (SCMR)

ASIF SAEED KHAN KHOSA, J.

Through this petition Mian Muhammad Akram petitioner has sought leave to appeal against the order dated 16-1-2013 passed by a learned Judge-in- Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 234-B of 2013 whereby pre-arrest bail was refused to him in case F.I.R. No. 471 registered at Police Station Mustafa Abad, District Lahore on 14-11-2012 in respect of an offence under section 489-F, P.P.C.

2. We have heard the petitioner in person, the complainant in person and the learned Additional Prosecutor-General, Punjab appearing for the State and have gone through the relevant record of the case with their assistance. It has straightaway been observed by us that according to the F.I.R. the amount in issue had been given by the complainant to the petitioner by way of entrustment and, thus, the cheque statedly issued by the petitioner in favour of the complainant was prima facie not issued towards repayment of any loan or fulfillment of an obligation so as to attract the provisions of section 489-F, P.P.C. We have repeatedly asked the complainant to confirm as to whether he had given the amount in issue to the petitioner by way of an entrustment or as a loan and every time the complainant has insisted that he had handed over the relevant amount to the petitioner only be way of a trust. In these peculiar circumstances of this case the question as to whether the provisions of section 489-F, P.P.C. stand attracted to the allegations levelled by the complainant against the petitioner or not is a question which requires further probe at this stage. The investigating officer present before the Court has categorically stated that during the investigation no evidence has become available on the record regarding any obligation on the part of the petitioner to repay any amount to the complainant. The investigating officer has confirmed the fact that the petitioner has already joined the investigation. In these circumstances insistence by the local police upon arrest of the petitioner has prima facie appeared to us to be smacking of bad faith.

3. For what has been observed above this petition is converted into an appeal and the same is allowed and, consequently, Mian Muhammad Akram petitioner is admitted to pre-arrest bail in the above mentioned criminal case subject to furnishing bail bond in the sum of Rs. 50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the Area Magistrate of Police Station Mustafa Abad, District Lahore within a period of two weeks from today. MWA/M-34/SC Bail granted.