IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 331 of 2021

Date Order with Signature of Hon’ble Judge

1. For orders on office objection at flag ‘A’

2. For hearing of main case

(Notice issued)

03.09.2021

Mr. Abrar Hussain Chandio Advocate a/w Applicant

Mr. Khalil Ahmed Metlo, DPG for the State

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O R D E R

Amjad Ai Sahito, J;- Through instant Criminal Bail Application, the applicant/accused Nisar Ahmed Chandio, seeks grant of pre-arrest bail in Crime No.65/2021 registered at Police Station Naushahro Feroze for offence under section 489-F PPC.

2. The applicant on having been refused pre-arrest bail by learned 3^rd Additional Sessions Judge, Naushahro Feroze, has sought for the same from this Court by way of instant bail application under Section 498-A Cr.P.C.

3. It is contended by learned counsel for the applicant that due to intervention of the nekmards, the compromise has been effected between the parties and the applicant has given undated cheque for an amount of Rs.86,00000.00 (Eighty six lacs) in favour of the complainant which would be encashed within three months, therefore, he prayed that the interim pre‑arrest bail already granted to the applicant/accused may be confirmed on same terms and conditions.

4. Complainant Mst.Tahmina D/o Dost Muhammad Memon, who is present in Court has filed her affidavit along with photocopy of the faislanama as well as the undated cheque issued by the applicant/accused in her favour affirms the above position and raised no objection for grant of bail to the applicant/accused. Learned DPG for the State has also recorded no objection to grant of pre‑arrest bail to the applicant by contending that the parties have compromised their dispute outside the Court.

5. I have heard the learned counsel for the applicant/accused, learned DPG as well as the complainant in person and perused the record. In view of the no objection recorded by the complainant Mst. Tahmina Memon through her affidavit sworn before this Court, the interim pre-arrest bail already granted to the applicant/accused dated 04.06.2021 is hereby confirmed on same terms and conditions. In case the said cheque is not encashed within the stipulated period of three months, the complainant would be at liberty to move for cancellation of bail in accordance with law.

6. Instant Cr. Bail Application is disposed of in above terms.

Judge

ARBROHI