2007 PLP 1879 (YLR)

MUHAMMAD AKHTAR SHABBIR, J.

The petitioner seeks post-arrest bail in case F.I.R. No.239 of 2006 dated 26-5-2006 registered under section 489-F, P.P.C. with Police Station City District Sargodha.

2. The allegation as per F.I.R. against the petitioner is that he has taken Rs.55,000 from the complainant with the promise to return the same and thereafter he resiled from his promise and on pursuance of the complainant, he issued a cheque of Rs.55,000 drawn on Muslim Commercial Bank, Liaqat Market Branch Sargodha. When presented for encashment it was bounced.

3. The post-arrest bail of the petitioner had been declined by the Magistrate Section 30, Sargodha on 18-9-2006 and learned Additional Sessions Judge, Sargodha vide order dated 7-10-2006.

4. Learned counsel for the petitioner contended that the cheque has not been issued by the petitioner. His cheque book was lost about which a report was recorded at the Police Station, Cantt. District Sargodha. Further contended that as per the expert opinion the signature of the petitioner on the disputed cheque does not tally with his admitted signature. He was found innocent during the investigation of the case.

5. The grant of bail to the petitioner was vehemently opposed by the learned counsel for the complainant as well as the State contending that the petitioner had committed a fraud with the complainant and he is issued the cheque with his fictitious signatures.

6. I have heard the learned counsel for the parties and perused the record.

7. The petitioner has taken a defence that the cheque was not issued by him. His cheque book has been misplaced during the journey and in this regard he has got recorded a Rapat Roznamcha No.12 on 25-5-2006 at Police Station, Cantt. Sargodha. The specimen signatures have been found to have different line quality, structure, formation pressure, drawn appearance, connection, fluency, etc., to the specimen signatures on sheets marked A, A-1, A-2 (samples). The challan of the case has been sent to the Court. The Investigating Officer has found the petitioner innocent. In view of the report of the Forensic Science Laboratory and the opinion of the Investigating Officer the case of the petitioner is covered within the ambit of further inquiry. The offence is not covered within the prohibition as contained in section 497, Cr.P.C. There is no likelihood of the early conclusion of the trial of the case.

8. For the foregoing reasons and without prejudicing to the merits of the case, this petition is accepted. The petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the trial Court/Illaqa/Duty Magistrate concerned. H.B.T./M-148/L Bail granted.