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