ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.845 of 2023

(Arshad Ali vs. The State)

Date Order with signature of Judges

For hearing of bail application

13.06.2023

Mr. Muhammad Irshad Shahid, advocate a/w applicant

Syed Meeral Shah, Additional Prosecutor General Sindh

Mr. Muhammad Ilyas Khan Tanoli, Advocate for complainant

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It is alleged that the applicant invested certain money with the complainant with a fixed commission which he failed to pay and then on demand dishonestly returned him in the shape of cheque, which was bounced when was presented before the concerned Bank for encashment, for that the present case was registered. On refusal of pre-arrest bail by learned VIII-Additional Sessions Judge, Karachi South, the applicant has sought for the same from this Court by way of instant bail application u/s 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 of the incident has been lodged with delay of about 16 months; the offence alleged against the applicant is not falling within prohibitory clause and it carries punishment of imprisonment for three years or fine or both, if the applicant on trial is punished with fine only then the imprisonment which he is likely to undergo on his arrest on refusal of pre-arrest bail would be somewhat extra, therefore, the applicant is entitled to be admitted to pre-arrest bail on point of further inquiry and malafide. In support of his contention he relied upon the case of Bashir Ahmed versus The State and another (2023 SCMR 748).

Learned Additional Prosecutor General Sindh 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 in a very deceitful manner. In support of their contentions, they relied upon the case of Rana Abdul Khaliq versus The State and others (2019 SCMR 1129).

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about sixteen 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 case has finally been challaned and there is no allegation of misusing the concession of interim pre-arrest bail on the part of applicant. In these circumstances, a case of grant of pre-arrest bail to the applicant on point of further inquiry and malafide is made out.

The case law relied upon by learned Additional Prosecutor General Sindh and counsel for the complainant is on distinguishable facts and circumstances. In that case no delay in lodgment of FIR was noticed and accused was found to win the time of the Court on account of his failure to engage a counsel.

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.

J U D G E