ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 899 of 2023

(Zeeshan Ali Khawaja versus The State)

Date Order with signature of Judges

1. For orders on M.A.No. 4900/2023

2. For hearing of bail application

19.06.2023

Mr. Munim Masood, advocate for the applicant

Ms. Rubina Qadir, D.P.G.

Mr. Haad A.M. Paggawala advocate for the complainant

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It is alleged that the applicant in collusion with others misappropriated approximately Rupees Twenty Crores of the complainant by practicing fraud and forgery, for that the present case was registered.

The applicant on having been refused by learned XI-Judicial Magistrate, Karachi East and VIII-Additional Sessions Judge, Karachi East 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; the FIR has been lodged with delay of about 06 months; there is no audit report; dispute between the parties if any, is over settlement of account and offence alleged against the applicant is not falling within prohibitory clause, therefore, he is entitled to be released on bail on point of further inquiry.

Learned DPG for the state and learned counsel for the complainant have 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 06 months; such delay having not been explained plausibly could not be overlooked. There is no audit report. The offence alleged against the applicant is not falling within the prohibitory clause. The applicant is said to be in custody since three months. 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 sum of Rs.200,000/- (Rupees Two Lacs only) and P.R bond in the like amount to the satisfaction of the learned trial Court.

Instant bail application is disposed of accordingly.

J U D G E