livelawpk.com - Post-Arrest Bail Granted in Cheque Dishonor Case

The Complainant Failed to Provide Specific Details or Receipts for the Alleged Cash Transactions; Post-Arrest Bail Granted in Cheque Dishonor Case --- Supreme Court of Pakistan

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The Complainant Failed to Provide Specific Details or Receipts for the Alleged Cash Transactions; Post-Arrest Bail Granted in Cheque Dishonor Case --- Supreme Court of Pakistan

Islamabad 11-07-2024: In a significant decision, the Supreme Court of Pakistan has granted post-arrest bail to the petitioner, who was previously denied bail by the Islamabad High Court in connection with a cheque dishonour case. The judgment, delivered by Mr. Justice Syed Hasan Azhar Rizvi, converted the petition into an appeal and allowed bail, subject to certain conditions.

The petitioner was implicated in FIR No. 751 dated October 5, 2023, under Section 489-F of the Pakistan Penal Code (PPC) for allegedly issuing a dishonoured cheque worth Rs. 5 million to the complainant, who had given him Rs. 70 million for a business transaction. The Islamabad High Court had denied his bail, leading to this appeal.

The Supreme Court observed that the essential elements to constitute an offence under Section 489-F PPC include the issuance of a cheque with dishonest intent, the cheque being for repayment of a loan or obligation, and its dishonour. The Court noted that the complainant failed to provide specific details or receipts for the alleged cash transactions.

The Court highlighted that the maximum punishment for an offence under Section 489-F PPC is three years, which does not fall within the prohibitory clause of Section 497 of the Criminal Procedure Code (CrPC). It emphasized that granting bail in such cases is a rule, and refusal is an exception, referring to various precedents to support this principle.

The Supreme Court ruled that the petitioner’s case warranted further inquiry under Section 497(2) CrPC. Consequently, the petition was converted into an appeal and allowed, setting aside the Islamabad High Court’s order. The petitioner was granted bail upon furnishing surety bonds of Rs. 100,000 and a personal recognizance bond of the same amount to the satisfaction of the Trial Court.

The Court reiterated that its observations were tentative and directed the Trial Court to adjudicate the case independently on its merits. This decision underscores the judiciary's commitment to ensuring fair legal proceedings and upholding the principles of justice in bail matters.

This judgment marks a crucial interpretation of the bail provisions under Section 489-F PPC and sets a significant precedent for future cases involving cheque dishonour allegations.