ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 326 of 2023

(Abdul Samad Khan vs. The State)

Date Order with signature of Judges

For hearing of bail application

05.06.2023

Ms. Farzana Kalam advocate along with the applicant

Mr. Muntazir Mehdi, Addl.PG for the State

Mr. Nehal Khan Lashari advocate along with the complainant

-.-.-.-.-.-.-.-.-.

It is alleged that the applicant issued cheques in favour of the complainant party dishonestly on account of his failure to deliver them possession of shops, 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 III-Additional Sessions Judge, Karachi Central, 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 party in order to satisfy with him its dispute over delivery of shops; the FIR has been lodged with delay of about six months, offence alleged against the applicant is not falling within prohibitory clause and co-accused Muhammad Amin has already been admitted to pre-arrest bail, therefore, the applicant is entitled to be admitted to pre-arrest bail on point of further inquiry and malafide.

Learned Addl. P.G for the state and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicant by contending that he has committed financial death of the complainant party.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about six months; 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 delivery of shops. Co-accused Amin has already been admitted to pre-arrest bail. 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