ORDER SHEET
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ORDER WITH SIGNATURE OF JUDGE
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1) For orders on M.A. 2592/2007.
2) For hearing.
27.8.2007.
Mr. Muzafar Iqbal for applicant.
Mr. Agha Zafir Ali AAG.
Complainant Ayaz Akbar present in person.
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The applicant Moin Munshi has applied for bail in Crime No. 240/2006 under section 489-F PPC registered at P.S. Atilery Maidan lodged by complainant Ayaz Akbar that as a consequence money lended by the complainant to the applicant in connection with business purposes, the applicant on demand had issued cheque of Rs. 300,000/- drawn on Union Bank Limited Sheraton Hotel Branch Karachi which was dishonoured on presentation for want of cash.
Learned counsel for applicant has contended that complainant had lodged report based upon malafides connected with Crime No. 66/2006 and 70/2006 registered at police station Malir Cant. It is urged that the applicant was employee serving in M/S B & A Trading company on account of huge losses on behalf of the owner, the cheques were issued by the applicant which were bounced. The applicant is suffering from Cardiovascular Disease remained under treatment in Agha Khan University Hospital and National Institute of Cardiovascular Diseases Rafiqui (H.J.) Shaheed Road, Karachi and has also filed Suit No. 87/2007 against Hakimuddin Sadik and others for recovery. It is urged that the case of the complainant is similar as is depicted in Crime No. 66 & 70/2007, in Cr. Bail Application No. 11 & 12 / 2007 this Court has enlarged the applicant on bail, in the similar circumstances applicant is entitled to the concession of bail. Learned A.A.G. has opposed the bail plea on account of conduct of the applicant, complainant Ayaz Akbar present in Court has also opposed the grant of bail.
I have considered the arguments advanced at bar. It transpired that the investigation is over. The applicant is no more required as held in cases of MUHAMMAD AKHTAR VS. THE STATE (2006 YLR LAHORE 3199), SAEED AHMED VS. THE STATE (1996 SCMR 1132), MIAN HUSSAIN AHMED HYDER VS. STATION HOUSE OFFICE (2005 YLR LAHORE 1565) and TAHIR UDDIN VS. THE STATE (2206 YLR LAHORE 1452). On the medical ground the criteria is on the basis of ailment or sickness. The accused is suffering and that he could not be properly treated within jail premises, needed specialized treatment and his detention in jail is likely to affect his capacity or is hazardous to his life. In this context reliance is placed on the case of MIAN MANZOOR AHMED WATTO VS. THE STATE (2000 SCMR 107).
On consideration of arguments advanced at bar. The investigation in the case seems to have been completed, the evidence relied upon by the prosecution is based upon documents, the applicant is behind the bars without any trial. No exceptional circumstances were fought for refusal of the bail as the offence does not fall within the prohibitory clause of Section 497 Cr.P.C, grant of bail in like cases is rule and refusal is exception.
Having regard to the above facts and circumstances of the case, the applicant is admitted on bail subject to furnishing solvent surety in the sum of Rs. 100,000/- (Rupees hundred thousand only) and P.R. bond in like amount to the satisfaction of the trial court.
J U D G E