ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-471 of 2021

Date	Order with signature of Judge

Applicant: Jamait Ali Shar through

Mr. Abdul Sattar Shar, Advocate

Complainant: Nemo

State: Through Syed Sardar Ali Shah

Date of hearing: 06.09.2021

Dated of order: 06.09.2021

O R D E R

Zulfiqar Ali Sangi, J: Through this application, applicant/accused Jamait Ali s/o Hassan Bux @ Hussain Bux Fakir Shar, seeks pre-arrest bail in FIR No.149/2021, registered at Police Station Thari Mirwah, u/s 489-F PPC. His earlier pre-arrest bail application was dismissed by the learned Additional Sessions Judge, Mirwah 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 04.12.2021 he issued a cheque amounting to Rs.200,000/- to the complainant which on presentation before the concerned bank was dishonoured, hence such FIR was registered.

3. Mr. Abdul Sattar Shar Advocate files vakalatnama on behalf of applicant, which is taken on record. 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. He next contended that the offence does not fall within the ambit of prohibitory clause of section 497 Cr.P.C, therefore, he prayed for confirmation of interim pre-arrest bail already granted to the applicant.

4. Learned DPG conceded for confirmation of interim pre-arrest bail as 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. At the very outset it is pointed out that the date of incident in the FIR is mentioned as 04.12.2021, meaning thereby that the incident took place on the date which has not still come. This aspect of the case seriously damaged the case of prosecution. 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. The deeper appreciation of evidence is not permissible at the bail stage and the same is to be decided tentatively. From the tentative assessment of material available on record the applicant has made out his case for confirmation of pre-arrest bail. Accordingly, instant bail application is allowed and ad-interim pre-arrest bail earlier granted to the applicant vide order dated 30.07.2021, 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.

JUDGE

Suleman Khan/PA