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