ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail
Application No.S-777 of 2021
Date |
Order with signature of Judge |
Applicant: Sabir Ali,
through
Mr.
Muhammad Qayyum Arain,
Advocate
Complainant: Nemo
State: Through
Mr. Shafi Muhammad Mahar
Deputy
Prosecutor General
Date of
hearing: 07.02.2022
Dated of
order: 07.07.2022
O R D E R
Zulfiqar
Ali Sangi, J: Applicant/accused Sabir Ali Arain,
seeks his pre-arrest bail in FIR No.74/2021, registered at Police Station Mehrabpur,
u/s 489-F, PPC. His earlier pre-arrest bail plea was declined by the learned
Additional Sessions Judge-I/MCTC, Naushahro Feroze, vide order dated 04.08.2021.
2. The
allegation against the applicant is that on 20.12.2020 he purchased different
items from the complainant Muhammad Azam and issued him a cheque amounting to Rs.200,000/- which on presentation before the concerned bank was
dishonoured, hence such FIR was registered.
3. Learned
counsel for the applicant has contended that the applicant is innocent and has
falsely been implicated in this case by the complainant with malafide intention;
that there is delay of about four months in registration of FIR which has not
been explained by the complainant; that the offence does not fall within the
ambit of prohibitory clause of section 497 Cr.P.C, therefore, he prayed that the interim pre-arrest bail granted to
the applicant may be confirmed.
4.
Learned Deputy Prosecutor General conceded for confirmation of pre-arrest in
view of the facts that the offence does
not fall within prohibitory clause of section 497 Cr.P.C.
5. I have heard the learned counsel for the parties and perused the material
available on record with their able assistance.
6. Record reflects that there is
delay of about four months in lodging of FIR which has not been explained by
the complainant. Further the offence
does not fall within prohibitory clause of section 497 Cr.P.C and grant of bail
in these cases is a rule and refusal is an exception, however, strong reasons
for refusal are required. Reliance is placed on the case of Tariq Bashir v. The State (
7. In
view of the above facts coupled with the no objection given by learned DPG for
the state, I am of the view that the applicant has made out the case for
confirmation of pre-arrest bail. Accordingly, the interim pre-arrest bail
already granted to the applicant / accused by this court vide order dated 03.12.2021,
is hereby confirmed on same terms
and conditions.
8. Observations
made herein above are tentative in nature and will not cause any prejudice to
either party at the trial.
JUDGE
Suleman Khan/PA