ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S-345 of 2021

DATE OF HEARING

ORDER WITH SIGNATURE OF HONOURABLE JUDGE

13.09.2021

Mr. Ghulam Mujtaba Sahito, advocate for applicant.

ZAFAR AHMED RAJPUT, J.- Through the instant Criminal Misc. Application under sub-section (5) of section 497, Cr.P.C., applicant/complainant Aneel s/o Suleman seeks cancellation of pre-arrest bail granted to respondent No.2 /accused, namely, Sajjad Ali s/o Ghulam Rasool Channa by the Court of Sessions Judge, Naushehro Feroze, vide order dated 18.03.2021 passed in ABA No.331 of 2021, arisen out of Crime No.34 of 2021, registered at Police Station Naushehro Feroze, under Section 489-F, P.P.C.

2. Briefly stated facts of the case are that on 09.03.2021, applicant herein lodged the aforementioned F.I.R. alleging therein that he is a goldsmith and during 2018-2019, respondent No.2 obtained Rs. 36,40,000/- for doing business of motorcycles, later he came to know that the respondent No.2 was deceiving him; hence, he stopped the business and demanded his amount. Respondent No.2 issued a cheque, dated 05.02.2021 of MCB NBP, Naushehro Feroze Branch, amounting to Rs. 36,40,000/-, which was dishonoured on presentation.

3. Learned Counsel for the applicant has mainly contended that that there are reasonable grounds to believe that the respondent No.2 has committed the offence, as alleged in the F.I.R. and the P.Ws have fully supported the case against the respondent No.2, but the learned trial Court without considering the evidence collected by the I.O during the course of investigation has granted pre-arrest bail to him, hence,his bail is liable to be cancelled.

4. Heard the learned counsel for the applicant and perused the material available on record.

5. The principles governing the grant of bail and the cancellation of bail substantially stand on different footings and there is no compulsion for cancelling the bail unless the bail granted order is patently illegal, erroneous, factually incorrect and has resulted in miscarriage of justice or where accused is found to be misusing the concession of bail by extending threats or tempering with the prosecution case. Courts have always been slow to cancel bail already granted, asthe liberty of a person cannot be curtailed on flimsy grounds. The grounds for cancellation of bail are pari materia with the principles which apply to setting aside the order of acquittal. Once bail is granted by a Court of competent jurisdiction, then strong and exceptional grounds would be required for cancellation thereof.

6. In the instant case,it appears that the respondent No.2 was admitted to interim pre-arrest bail by the learned Sessions Judge, Naushehro Feroze, vide order dated 11.03.2021and thereafter, interim pre-arrest bail was confirmed by the said Court, vide order dated 18.03.2021, and since then the respondent No.2 is on bail. However, the complainant has not asserted in her application if he has misused the concession of bail. The only ground raised in this application for the cancellation of bail is that there was sufficient evidence against the respondent No.2, but the learned Sessions Court admitted him to pre-arrest bail. In this regard, it may be observed that the offence under section 489-F, P.P.C. is a non-bailable offence; however, being punishable with imprisonment which may extend to three years, it does not fall within the prohibitory clause of section 497, Cr.P.C. This well-settled law that in such like cases rule is bail and not jail.

7. For the foregoing reasons, no occasion has been found by this Court for interfering with the lawful exercising of the jurisdiction in the matter of bail by the learned Sessions Judge, Naushehro Feroze. Under the circumstances, instant Criminal Misc. Application is dismissed in limini being devoid of merit, along with pending applications.

JUDGE