ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-464 of 2021

 

Date

               Order with signature of Judge

           

Applicant:                                  Azizullah Lakho through

                                                  Mr. Arif Ali Abbasi, Advocate

 

Complainant:                             Nemo

 

State:                                         Through Mr. Zulfiqar Ali Jatoi, APG

 

Date of hearing:                         23.08.2021

 

Dated of order:                           23.08.2021

                                                 

O R D E R

 

Zulfiqar Ali Sangi, J:             Applicant/accused Azizullah son of Allah Dino Lakho, seeks pre-arrest bail in FIR No.107/2021, registered at Police Station Kandiaro, u/s 489-F, PPC. His earlier pre-arrest bail plea was declined by the learned II-Additional Sessions Judge, Naushahro Feroze, vide order dated 26.07.2021. After rejection of his bail application, he approached this court for the same relief.

2.              The allegation against the applicant is that on 18.09.2019 he purchased DAP, Urea fertilizer and cotton seed from the complainant and issued him postdated cheque dated 19.10.2020 amounting to Rs.19,60,000/- 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 as prior to registration of present FIR, the son of the applicant namely Altaf  Hussain had lodged FIR No.48/2021 at PS Bhirya City u/s 489-F, PPC against the complainant. He next contended that there is un-explained delay of about 27 months in lodging of the FIR which has not been properly explained. He further contended that the offence does not come 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 Additional 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 much prior to the registration of present FIR which was lodged on 21.06.2021, the FIR No.48/2020 as referred by the applicant and available at page 35 of the case file, was registered by the son of present applicant against the complainant on 20.05.2020, which prima facie shows the malafide of the complainant in registration of present FIR. 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 (PLD 1995 SC 34) , Muhammad Tanveer V. The State and another (PLD 2017 SC 733) and Sheikh Abdul Raheem v. The State and another (2021 SCMR 822),

7.              In view of the above facts coupled with the no objection given by learned APG 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 29.07.2021, 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.

 

9.              Instant Criminal Bail Application is disposed of in the above terms.

 

                                                                             JUDGE

 

Suleman Khan/PA