Cr.B.A. No.S-976 of 2009

For hearing

18.12.2009.

Mr.Ch. Shahid Hussain Rajput along with applicant.

Mr.Ali Anwar Chachar for the complainant.

Mr.Shyam Lal, Assistant Prosecutor General for the State.

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This bail application has been filed against the order of the Ist. Additional Sessions Judge, Ghotki, dated 01.9.2009 in Cr.B.A. No.1279/2009 relating to crime No.327/2009 of PS, Ubauro for offences under Sections 420, 489-F, 406, 506/2, 337-A(i), F(i), 504 PPC.

The main allegation in the F.I.R is that a cheque of Rs.2,85,000/- which was given to the complainant by the applicant was dishonourned twice and now the applicant is refusing to pay that amount to the complainant against the sale deed. This court had granted pre-arrest bail to the applicant on 23.10.2009 subject to his furnishing a solvent surety in the sum of Rs.300,000/- (three lac) and P.R. bond in the like amount to the satisfaction of the Additional Registrar of this court and the surety has been furnished.

Learned counsel for the complainant has argued that a fraud has also been committed as the applicant has backed out the deal of sale. He may if he likes and so instructed, file a suit for specific performance of the agreement.

Since the offence does not fall within the exception to section 497 Cr.P.C, the pre-arrest bail is confirmed. However, it is specifically directed that if the trial court decides the matter in favour of the complainant then the Additional Registrar of this Court will first reimburse the amount decided by the trial court to the complainant whereas the rest of the surety will be kept in the bail application.

The applicant is cautioned that if he does not appear before the trial court or does not cooperate with the investigating agency, this concession of bail may be withdrawn.

 JUDGE

N.M.