ORDER SHEET

      IN  THE  HIGH  COURT  OF  SINDH  BENCH  AT  SUKKUR

            Crl.B.A.No. S - 231  of  2022.

           

 

For hearing of bail application.

 

Date of Hearing  11th  November, 2022.

Mr.Ali Akbar Shar  Advocate alongwith applicant Riaz Hussain Khaskheli.

 

 

                                         O R D E R.

 

ABDUL MOBEEN LAKHO, J-Through the instant bail application, applicant Riaz Hussain Khakheli seeks Pre-arrest bail in respect of Crime No.25/2022 of Police Station, Baberloi, District Khairpur registered for offence under Section 489-F, PPC.

 

2.  Since the facts of the prosecution case have already been mentioned in the bail order as well as in the memo of bail application, therefore, there is no need to repeat the same.

 

3.        Learned counsel contends that the applicant is innocent and has falsely been implicated in the case with malafide intent and for ulterior purpose as he has nothing to do with the alleged offence with which he is charged and besides this, the Suit filed by the applicant against the complainant for Declaration & Cancellation of Cheque is pending adjudication in the Court of learned Ist Civil Judge Mirwah.

4.        Learned Addl.P.G has contended that the complainant and his witnesses are not appearing before the learned trial Court for recording of evidence in the case, therefore the learned trial Court has kept the case in abeyance. He has conceded for confirmation of interim pre-arrest bail already granted to the applicant subject to additional amount of surety.

5.        I have heard the arguments of the learned counsel for the parties and perused the record.

6.        Since the complainant, his witnesses and counsel are not appearing before the learned trial to adduce  evidence in the case, the learned trial Court has kept the case in abeyance and on two consecutive date of hearings, the complainant and his counsel are also called absent without any intimation,  therefore the learned Addl.P.G has extended his no objection for confirmation of interim pre-arrest bail already granted to the applicant.

7.         Consequently, this bail application is allowed and interim pre-arrest bail already granted to applicant Riaz Hussain Khaskheli vide order dated 23.05.2022 is hereby confirmed subject to furnishing additional surety in the sum of Rs.500,000/- (Rs.five lac) instead of Rs.200,000/- (Rs.two lac) and P.R Bond in the like amount to the satisfaction of the Additional Registrar of this Court.

            Bail Application No.231 of 2002 stands disposed of in above terms.

 

                                                                                                                     JUDGE

 

 

 

 

 

 

 

Akber.