ORDER SHEET
IN THE HIGH COURT OF SINDH AT
KARACHI
Cr.B.A.No. 142 of 2023
(Rehan Khalid vs. The State)
Date Order
with signature of Judges
For
hearing of bail application
05.06.2023
Mr. Waqas Ali Chaudhry advocate for the
applicant
Mr. Muntazir Mehdi, Addl.PG for the State
-.-.-.-.-.-.-.-.-.
It is alleged that the
applicant issued cheques in favour of complainant Haseeb Khan dishonestly,
those were bounced when were presented before the concerned Bank for encashment
for that the present case was registered. On refusal of pre-arrest bail by
learned Sessions Judge, Karachi South, the applicant has sought for the same
from this Court by way of instant bail application under Section 498-A Cr.P.C.
It is contended by learned
counsel for the applicant that the applicant being innocent has been involved
in this case falsely by the complainant in order to satisfy with him his dispute
over settlement of account; the FIR has been lodged with delay of about one
month and offence alleged against the applicant is not falling within
prohibitory clause, therefore, the applicant is entitled to be admitted to
pre-arrest bail on point of further inquiry and malafide.
None has come forward to
advance arguments on behalf of the complainant. However, learned Addl. P.G for
the state has opposed to grant of pre-arrest bail to the applicant by
contending that he has committed financial death of the complainant.
Heard arguments and perused
the record.
The FIR of the incident
has been lodged with delay of about one month; such delay having not been
explained plausibly could not be overlooked. The offence alleged against the
applicant is not falling within the prohibitory clause. The parties are said to
be disputed over settlement of account. The case has finally been challaned and
there is no allegation of misusing the concession of interim pre-arrest bail on
part of the applicant. In these circumstances, a case of grant of pre-arrest bail
to the applicant on point of further inquiry and malafide obviously is made
out.
In view of above, the
interim pre-arrest bail already granted to the applicant is confirmed on same
terms and conditions.
Instant bail application is disposed
of accordingly.
JUDGE