ORDER SHEET

IN THE HIGH COURT OF SINDH, AT KARACHI.

Criminal Bail Application No. 1760 of 2016

Date               Order with Signature of Judge                                       .                                             

 

For hearing of bail application.

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27.01.2017.

           

Mr. Khurram Lakhani, Advocate alongwith applicant.

            Mr. Abdullah Rajput, APG a/w SIP Chaudhry Muhammad Rafiq PS           Bahadurabad.

            Complainant is present in person.

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             Having rejected his earlier application for grant of pre-arrest bail bearing Bail Application No. 2393/2016, vide order dated 29.11.2016, passed by the learned VIIIth Additional Sessions Judge, Karachi East, the applicant/accused Akhtar Hussain Qureshi s/o.  Abdul Latif Qureshi, through instant Criminal Bail Application sought pre-arrest bail in Crime No. 187/2016, registered at P.S Bahadurabad, Karachi, under Section 489-F/ 420/34 P.P.C. He was granted ad-interim pre-arrest bail vide order dated 09.12.2016, now he seeks confirmation his bail.

 

2.         It is alleged that accused persons, namely, Muhammad Rashid Qureshi, Muhammad Asif Qureshi and Akhtar Qureshi cheated the complainant in clearing from the Port one Car from Japan viz. Toyota Prius Model 2014 and on the demand of refund of the amount so paid by the complainant to them, co-accused Muhammad Asif Qureshi issued a cheque amounting to Rs.200,000/- to the complainant, to be drawn at Allied Bank Limited Saleh Muhammad Street Branch, which was dishonoured on presentation by the bank.

 

3.         At very outset, the learned APG does not oppose confirmation of interim bail granted to applicant on the ground that the applicant has allegedly been charged for committing cheating, which offence falls under Section 420 P.P.C. and the same is bailable under the schedule of offences. So far the offence under Section 489-F is concerned, the same would not be applied to the present applicant as the alleged cheque was issued by co-accused Muhammad Asif Qureshi.

 

4.         In view of statement of learned APG, the interim pre-arrest bail granted to applicant vide order dated 09.12.2016 is confirmed on the same terms and conditions.

 

JUDGE

Athar Zai