THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.1781 of 2017

Applicant                   :           Syed Qaim Raza Jafferi

                                                through Mr. Abdul Nabi Joyo, Advocate

Complainant             :           Masood Ahmed through Mr. Sardar Shiraz Anjum, advocate

Respondent               :           The State through Mr. Sagheer Abbasi, APG

Date of hearing         :           12.4.2018

Date of Order            :           12.4.2018

ORDER

Abdul Maalik Gaddi, J:    Applicant/ accused is present on interim pre-arrest bail granted to him by this Court vide Order dated 17.11.2017. Today this bail application is fixed for confirmation or otherwise.

2.         The allegation against applicant/ accused is that he issued a cheque of Rs.5,00,000/- to the complainant, when it was presented to the concerned Bank, same was bounced/ dishonoured.

3.         It is contended by the learned counsel for applicant/accused that the case against applicant/ accused is false and has been registered due to business enmity. He further submits that the case has been challaned and this applicant is no more required for investigation. That the offence under which the present applicant/ accused is booked for which the punishment is not more than 03 years, therefore, according to him, case of the applicant does not fall within the prohibitory clause of Section 497 CrPC. Therefore, he has prayed for confirmation of bail.

4.         Learned APG assisted by learned counsel for complainant has recorded no objection for confirmation of this bail application subject to furnish solvent surety in the sum of Rs.500,000/- before the trial Court.

5.         I have given my anxious thoughts to the contentions raised at the bar and have also gone through the case papers so made available before me.

6.         It is an admitted fact that the case has been challaned and this applicant/ accused is no more required for investigation. It appears from the record the whole case of prosecution rest upon the documentary evidence, which is available in possession of the prosecution. Therefore, no question does arise for tampering of same at the hands of the applicant/ accused.

7.         During the course of arguments, learned APG assisted by learned counsel for complainant has recorded his no objection, if interim order is confirmed subject to furnishing solvent surety in the sum of Rs.5,00,000/- to the satisfaction of trial Court. Learned counsel for applicant/ accused has raised no objection on this proposition.

8.         In view of the above, this bail application stands confirmed. However, applicant is directed to furnish the surety in the sum of Rs.5,00,000/- before the Nazir of trial Court within one week.

9.         Since the case has been challaned and applicant/ accused is appearing before the trial Court, therefore, trial Court is directed to proceed the case expeditiously and decide the same within the period of 03 months after receipt of this Order and its compliance report be submitted to this Court through learned MIT-II.

10.       Needless to mention here that the observation, if any, made in this order is tentative in nature and shall not effect the merits of the case.

In view of the above, this bail application is allowed in above terms.

       JUDGE

asim/pa