ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI.

Cr. Bail. Appl. No.800 of 2017

Cr. Bail Appl. No.953 of 2017

Date

Order with signature of Judge

For hearing of bail application.

 

10.07.2017.

          Sardar Sher Afzal Khan Advocate for the applicant.

Mr. Wasi Imam Zaidi, Advocate for the complainant.

Mr. Muntazir Mehdi A.P.G a/w I.O. Insp. Muhammad Yameen AVCC/CIA Garden,

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MUHAMMAD IQBAL KALHORO J: By this single order both the captioned bail applications are disposed of. Cr. Bail Application No.800/2017 arises out of Crime No.212/2014 and Cr. Bail Application No.953/2017 arises out of Cr. No.161 of 2017 both registered at P.S. Mithadar, Karachi for offence U/s 489-F PPC.

 

2.       The complainant has alleged that he had extended loan of Rs.14 Crores to the accused for doing business and when he demanded back the said money, the applicant issued him nine cheques. The said cheques on presentation were dis-honoured, as a consequence of which, as many as nine cases were registered against the applicant u/s 489-F PPC on different dates. After due investigation in all the cases challan was submitted.

3.       It has been informed that out of nine cases, in four cases, the accused repaid the amount, the parties compromised, and was released resultantly. In one FIR No.113/2017, registered against dishonor of a cheque of Rs.30,00,000/-, the applicant has been granted bail by the trial court and it has been admitted that said order has not been challenged by the complainant.

4.       Learned counsel for the applicant has argued that the applicant has been implicated falsely; that there is no evidence of extending loan of Rs.14 Crores by the complainant to the applicant. He states that in crime No.212/2017 (Cr. Bail Appl. No.800/2017), the FIR shows that the cheques was dishonoured on 26.06.2014 and its FIR was registered on 01.10.2014. The applicant in crime No.234/2014 P.S. Rizvia Society, 444/2016 P.S. Gizri and 691/2015 P.S. Preddy and 49/2016 P.S. Defence all u/s 489-F PPC, was arrested on 30.07.2016 and was released on 15.08.2016. But due to malafide and connivance of the complainant, and the police, he was not shown arrested in the FIR No.212/2014, although it was registered in the year 2014 against him and the complainant was the same; and only after his release in above cases, he was arrested in the said FIR.

5.       On the other hand, learned counsel for the complainant and learned APG have opposed grant of bail to the applicant on the ground that applicant’s name is mentioned in the FIR. He has issued all the cheques  in favour of the complainant, which were dishonoured and that establish prima facie sufficient evidence against him.

6.       I have considered the submissions of the parties and perused the material available on record. The complainant implicated the applicant in as many as nine cases of similar nature stemming from the same transaction. However, in four cases, the applicant has been acquitted on the basis of compromise after he paid the amount mentioned in cheques, In fifth case bearing crime No.113/2016, the applicant has been granted bail by the trial court vide order dated 02.05.2017 and that order has not been challenged by the complainant. I.O. of the present case is present and has been asked what evidence was collected by him during investigation regarding extending of loan of Rs.14 crores by the complainant to the accused, he has no reply, and instead he has read out the statement of some witness, u/s 161 Cr.P.C, which shows that compromise was made between the parties afterwards. As per ingredients, the offence u/s 489-F PPC would be constituted, when cheque is issued either for repayment of loan or to fulfill the obligation. Prima facie, the prosecution has no evidence of extending alleged loan amount by the complainant to the applicant. Applicant is behind the bars since 13.04.2017 and it has been informed that still no charge has been framed against him in the trial. The offence is punishable upto only three years and does not fall within the prohibitory clause of section 497(1) Cr.P.C.

7.       In view of above facts and circumstances, the applicant is granted bail subject to furnishing two sureties in the sum of Rs.10,00,000/- (Ten hundred thousands) in each case and P.R bond in the like amount to the satisfaction of the trial court.

          The Bail Applications stand disposed of.

 

 

 

   JUDGE

 

 

 

A.K.