ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Bail Appl.NO.1010 of 2016

Date	Order with signature of Judge

For hearing of bail application.

05.10.2016.

                        Mr. Akhtar A. Channar Advocate for the applicant.

Mr. Ashfaque Rafique janjua Standing counsel a/w Zakir Hussain I.O. FIA Cyber crime.

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MUHAMMAD IQBAL KALHORO J: Applicant seeks post arrest bail in case crime No.23/2015 registered u/s 36 ETO 2002 r/w sections 406, 419, 420, 109, 34 PPC at Police Station FIA Cyber Crime Circle Karachi.

2.         Story of the FIR shows that the complainant namely Muhammad Razak Dar was cheated and induced to transfer/ deliver Rs.5,32,600/- on different dates and times in the accounts of applicant on false information that he had won Suzuki Cultux Car in some scheme. After said cheating, Complainant reported the matter to FIA. The investigation was carried out. Applicant and other four accused were nominated. The applicant was arrested in July, 2015 after material connecting him with the offence was collected by the prosecution.

3.         Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case; that only the accounts of the applicant were used without his knowledge wherein the money was transferred, but, there is no evidence that said amount was withdrawn by him; that the offence does not fall within the prohibitory clause of section 497(i) Cr.P.C; that the applicant is behind the bars since July, 2015 and no progress has been made in the trial; that case against the applicant requires further inquiry.

4.         On the other hand, learned Standing Counsel has argued that there is sufficient evidence connecting the applicant with the offence; the entire bank record pertaining to the accounts of the applicant has been retrieved which shows that the amount was transferred and later on withdrawn by him by using his ATM card; that the witnesses in their 161 Cr.P.C statements have implicated the applicant; that the applicant is habitual offender as he is also involved in crime No.94/2014 registered by FIA. In support of his arguments, he has relied upon the case law reported in PLD 1997 SC 545, 2008 YLR 760, 2008 YLR 947 and 2009 P Cr. L J 199.

5.         I have considered the arguments and perused the material available on record. In the investigation, the applicant has been found involved in commission of the offence. His bank accounts show the money was transferred by the complainant therein which was cheated out of him on the false premise that he had won the car. The record also reflects that said amount was withdrawn by the applicant by using ATM card. The I.O. is also present who has informed that the applicant is also involved in similar type of the cases and has made a particular reference to crime No.94/2014 in this regard. He further states that the applicant is a member of gang of cheaters who used to cheat the people by telling them on telephone that they had won some prize. In my view, prima facie  there is sufficient material available against the applicant to show his involvement in the commission of offence. No case is made out for bail. The Bail application is, therefore, dismissed. However, learned trial court is directed to expedite the trial and conclude the same within four months from today. I have been informed by learned Standing Counsel that there are three accused, who are still absconders. In this event, the trial court shall separate their case in accordance with law and proceed with the trial against the accused who are in jail in the terms as stated above.

                        The observations made hereinabove are tentative in nature and would not prejudice case of either party at the trial.

                                                                                                            JUDGE

A.K