IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.2941 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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10.03.2025
Mr. Akhtar
Haleem Kalwar, advocate for
applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
Mr. Abdul Hafeez
Sandhu, advocate for complainant
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Dilshad Munawar son of Munawar Hussain Butt, seeks
pre-arrest bail in FIR No.41/2023, registered
at P.S. Nazimabad,
Karachi for offence under section 489-F, PPC, after rejection of his bail plea
by learned trial Court vide order dated 03.07.2024.
2. Brief
facts of the case are that applicant/accused issued two cheques
of Rs.200,000/- each to the complainant, which on presentation to concerned Bank,
were dishonoured for the reasons that account was
dormant, hence subject FIR.
3. Learned
counsel for applicant submits that applicant is innocent and he has been
falsely implicated in this case for mala fide intentions and ulterior motives;
that applicant/accused is not willful absconder but he was unaware about registration
of aforesaid FIR against him; that alleged offence does not fall within the
ambit of prohibitory clause of section 497, Cr.PC. He
finally prayed to admit the applicant/accused to interim pre-arrest bail.
4. On the
other hand, learned counsel for complainant has opposed the bail to the
applicant on the ground that applicant/accused is nominated in FIR; that in
order to cheat the complainant he issued two cheques
of Rs.200,000/- each in his favour, which were dishonoured on presentation. He further submits that applicant
was absconder and proceedings against him under sections 87 and 88, Cr.PC were initiated and was declared proclaimed offender,
therefore, he loses his right for grant of bail. Learned Additional Prosecutor
General Sindh has adopted the arguments advanced by the counsel for
complainant. She further added that applicant/accused has failed to prove his
case on the point of mala fide. She submits that the Court of Civil Judge &
Judicial Magistrate-XV, Karachi Central is lying vacant and this case may be transferred
from it and may be assigned to another Court having jurisdiction for its
disposal in accordance with law.
5. Heard
learned counsel for the applicant as well as counsel for complainant, learned
Additional Prosecutor General Sindh and perused the material available on
record.
6. From
tentative assessment of material available on record, it appears that applicant
is nominated in FIR. He issued two cheques of Rs.200,000/- each to the complainant, which were dishonoured on presentation to the Bank for the reason that
the subject account was dormant. IO submitted challan
under section 512, Cr.PC and learned trial Court
initiated proceedings under sections 87 and 88, Cr.PC
and after completing the legal requirements, applicant/accused has been declared
proclaimed offender, thereafter, he approached learned Sessions Court for grant
of bail, which was declined; applicant has been declared as proclaimed offender
and no justification has been given for his abscondence.
The requirement for grant of pre-arrest bail is settled by the apex Court where
applicant has to prove his case on the point of mala fide for his false
implication in the case, which he failed to. He remained absconder and was
declared proclaimed offender and it is well settled proposition of law that in
such a situation he loses his normal rights. Reliance is placed on the cases of Mukhtar
Ahmed versus the State (2016 SCMR 2064) and Gulshan
Ali Solangi and Others versus the State through P.G.
Sindh (2020 SCMR 2064).
7. In view
of above position, no case for extending extraordinary relief has been made
out, therefore, interim pre-arrest bail granted to the applicant/accused by
this Court vide order dated 18.12.2024 is hereby recalled and the instant
criminal bail application is dismissed.
However, applicant/accused would be at liberty to file post-arrest bail
application before the trial Court, which shall be decided by the trial Court
concerned on its own merits, without being prejudiced by the observations made
herein, which are tentative in nature.
8. So far
as the contention raised by the counsel for complainant as well as learned
Additional Prosecutor General Sindh that trial Court is lying vacant is
concerned, this case is hereby transferred from the Court of Civil Judge &
Judicial Magistrate-XV, Karachi Central, with direction to learned Sessions
Judge, Karachi Central to assign the same to another Court having jurisdiction
for its disposal in accordance with law.
9. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS