ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 916 of 2023

(Abid Khan vs. The State)

Date Order with signature of Judges

For hearing of bail application

05.06.2023

Mr. Waqar Ahmed advocate for the applicant

Mr. Abrar Ali Khichi, Addl.PG for the State

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

It is alleged that the applicant issued cheques in favour of complainant Abdur Rehman dishonestly on account of purchase of iron rods from him, those were bounced when were presented before the concerned Bank for encashment for that the present case was registered. On refusal of post arrest bail by learned V-Judicial Magistrate Karachi Central and learned I-Additional Sessions Judge/MCTC, Karachi Central, the applicant has sought for the same from this Court by way of instant bail application under Section 497 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 its dispute over purchase of iron rods; the FIR has been lodged with delay of about two months, offence alleged against the applicant is not falling within prohibitory clause and co-accused Ayaz Muhammad has already been admitted to post-arrest bail by learned trial Magistrate, therefore, the applicant is entitled to be released on bail on point of further inquiry.

None has come forward to advance arguments on behalf of the complainant. Learned Addl. P.G for the state has opposed to release of the applicant on bail 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 two 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 purchase of iron rods. Co-accused Ayaz Muhammad has already been admitted to post-arrest bail by learned trial Magistrate. The case has finally been challaned and there is no allegation of tampering with evidence on the part of the applicant. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out.

In view of above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) and P.R bond in the like amount to the satisfaction of learned trial Magistrate.

Instant bail application is disposed of accordingly.

JUDGE