ORDER SHEET
IN THE HIGH COURT OF SINDH, AT KARACHI.
Criminal Bail Application No. 1748 of 2016
Date Order with Signature of Judge .
For hearing of bail application.
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15.02.2017.
Mr. Iqbal Hussain Shah, Advocate alongwith applicant.
Mr. Abdullah Rajput, APG.
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Through instant criminal bail application, the applicant/accused Muhammad Saleem s/o. Muhammad Rafique has sought pre-arrest bail in Crime No. 275/2016, registered at P.S Shah Latif Town, District Malir, Karachi, under Section 489-F/506-B P.P.C. Earlier his bail before arrest application bearing No. 1324 of 2016 was heard and dismissed by the learned Additional Sessions Judge-II, Malir Karachi, vide order dated 28.11.2016. The applicant was granted ad-interim pre-arrest bail by this Court vide order dated 06.12.2016, now he seeks confirmation of his bail.
2. Briefly stated facts of the case are that, complainant Bacha Wazeer s/o. Anwar Khan lodged the aforementioned F.I.R. stating therein that by profession he is an advocate and about three (03) months back Muhammad Saleem (applicant/accused) received cash of Rs. 2,000,000/- from him for the purpose of some business and undertook to return the same after three (03) months with profit of Rs.200,000/-. The applicant/accused issued a cheque dated 17.06.2016 amounting to Rs. 2,000,000/-, which was dishonored on presentation.
3. The learned counsel for the applicants/accused has mainly contended that the alleged offence does not fall within the prohibitory clause of section 497 Cr.P.C.; that the police has submitted challan after investigation; hence, the present accused is not required by police for further investigation; that it is even evident from challan report that a settlement has reached between the parties under which an amount of Rs.11,50,000/- has been paid by the brother of present accused to the complainant; that the police has submitted challan only under Section 489-F P.P.C.; hence the present accused is entitled for confirmation of bail.
4. On the other hand, learned APG has opposed this application on the ground that huge amount is involved in this matter; however, he has conceded that after the investigation police has submitted challan, which shows that an amount of Rs.11,50,000/- has been paid by the brother of applicant/accused to complainant.
5. I have considered the arguments advanced by the learned counsel for the applicant/accused and APG as well as perused the material available on record.
6. Although F.I.R. was lodged under Section 489-F/506-B P.P.C. but after the investigation police has submitted challan against the present accused only for offence under Section 489-F P.P.C. As per section 173 Cr.P.C. report an amount of Rs.11,50,000/- has been paid by the brother of accused to the complainant in presence of witnesses under a settlement. The alleged offence does not fall with the prohibitory clause of Section 497 Cr.P.C. Challan has been submitted and accused is no more required by the police for further investigation; hence, the interim pre-arrest bail granted to the applicant/accused vide order dated 06.12.2016 is confirmed on the same terms and conditions.
JUDGE
Athar Zai