Lack of Specific Details and Receipts

The Supreme Court of Pakistan recently adjudicated a petition involving Ali Anwar Paracha, who sought post-arrest bail in connection with FIR No. 751, registered under Section 489-F of the Pakistan Penal Code (PPC) at the Police Station Lohi Bher. This petition challenged the Islamabad High Court's order dated 29th February 2024, which denied bail to the petitioner.

Key Issues:

Facts of the Case: The complainant alleged that he had lent Rs. 70 million to the petitioner, with Rs. 31.79 million paid through bank transactions and the remainder in cash. The petitioner issued a cheque for Rs. 50 million to the complainant, which was dishonored by the bank.

Arguments by the Petitioner: The petitioner's counsel argued that the petitioner was falsely implicated with mala fide intentions. The petitioner also highlighted a previously canceled FIR against him, suggesting a pattern of frivolous allegations by the complainant. The counsel contended that the case warranted further inquiry.

Arguments by the State: The state counsel argued that the petitioner had issued a dishonored cheque to defraud the complainant. They pointed out that the petitioner had other FIRs under Section 489-F PPC registered against him, indicating a repeated pattern of similar fraudulent activities.

Court's Analysis:

Lack of Specific Details and Receipts: The Court observed that the complainant failed to provide specific details and receipts for the cash transactions allegedly made to the petitioner, which weakened the complainant's claims.

Essential Elements of Section 489-F: The Court reiterated that to constitute an offense under Section 489-F, the cheque must be issued with dishonest intent, must be for the repayment of a loan or obligation, and must be dishonored.

Prohibitory Clause of Section 497, Cr.PC: The Court noted that the maximum punishment for the offense under Section 489-F PPC is three years, which does not fall within the prohibitory clause of Section 497, Cr.PC. The Court emphasized that in such cases, granting bail is the rule, and refusal is the exception.

Registration of Other FIRs: The Court held that the mere registration of other criminal cases against the petitioner does not disqualify him from bail if a prima facie case exists in his favor.

Court's Conclusion: The Supreme Court concluded that the petitioner's case warranted further inquiry under Section 497(2), Cr.PC. Due to the lack of concrete evidence and the circumstances presented, the Court found it appropriate to grant post-arrest bail. The petition was converted into an appeal and allowed, setting aside the High Court's impugned order. The petitioner was granted post-arrest bail upon furnishing surety bonds to the satisfaction of the Trial Court.

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