Azhar Khan Vs The State

Judgment Sheet

IN THE PESHAWAR HIGH COURT, ABBOTTABAD

BENCH

JUDICIAL DEPARTMENT

Cr.Misc. (BA) No. 66-A/2026

JUDGMENT

Date of hearing...................23.02.2026.................................

Petitioner (Azhar Khan) By Malik Mujahid Awan, Advocate.

Respondents. (State) By Sardar Basharat, Additional Advocate General and (Complainant) In person.

ABDUL FAYAZ, J.- On failure to obtain post arrest bail from lower court in case FIR No. 1784 dated 18.12.2025 registered under Section 489-F PPC at Police Station Mirpur District Abbottabad, accused-petitioner (Azhar Khan son of Sarwar Khan) has applied to this court for same relief through instant petition.

2.As per the contents of the FIR, the complainant reported that he alienated his landed property in favour of the accused/petitioner for a total sale consideration of Rs. 2,80,00,000/-. It is alleged that an amount of Rs. 35,00,000/- was paid at the time of transaction, while for the remaining sum of Rs. 2,45,00,000/-, the accused issued cheque No. 00529867 dated 05.03.2025, drawn upon Askari Bank, Lala Rukh Branch, Mansehra Road. The said cheque was presented by the complainant for encashment through MCB Bank, Ayub Medical College Branch; however, it was

dishonoured on the ground of insufficient funds in the account of the accused. Consequently, the instant FIR came to be registered.

3.I have heard arguments of learned counsel for the petitioner as well as learned Additional Advocate General and gone through the record.

4.Perusal of the record reflects that owing to some sale transaction accused-petitioner had issued a cheque amounting to Rs.2,45,00,000/- to complainant, which was dishonored on its presentation to bank concerned. Without touching merits of the case, suffice it to say that the offence with which accused-petitioner is charged does not fall within the prohibition contained in section 497 Cr.P.C. Reliance may here be placed on judgment of Hon’ble Supreme Court rendered in the case of “Abdul Saboor Vs. The State through A.G Khyber Pakhtunkhwa and another” reported as 2022 SCMR 592. Besides, offence under Section 489-F PPC is punishable with imprisonment, which may extend to three (03) years or with fine or with both. When the law provides punishment in terms of imprisonment or with fine or with both and offence is not covered by restrictive clause of Section 497 Cr.P.C, then, in such like offence, the courts normally grant bail to accused person

because if at the conclusion of trial, he is only sentenced to fine and not to imprisonment, period of his under trial imprisonment shall be an extra punishment for him. In this behalf reliance is placed on an authoritative judgment rendered by this court in the case of “Sher Ahmad Vs. The State” reported as PLD 1993 Peshawar 104.

Further reliance may also be placed on the cases titled “Noman Khaliq Vs. The State and another” (2023 SCMR 2122), “Syed Basit Hyder Taqvi Vs.

The State” (PLD 2026 Supreme Court 75), “Mumraiz Kkan Vs Abdul Manan Abbasi and another” (2025 YLR 711), “Aqeel Ahmed Khan Vs The State through Federal Prosecutor General, Islamabad and another” (2025 SCMR

5.In view of the above, this petition is allowed and the accused-petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of rupees four lac (Rs.4,00,000/-) with two sureties each in the like amount to the satisfaction of learned Trail Court, who shall ensure that the sureties are local, reliable and men of means.

Announced:

JUDGE

Shahid/*