THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.265 of 2018

 

Applicant                   :           Akbar Khan Jadoon

                                                through Mr. Muhammad Yousuf, Advocate

 

Respondent               :           The State through Mr. Muntazir Mehdi, DPG

 

Complainant             :           None present

 

Date of hearing         :           05.4.2018

 

Date of Order            :           05.4.2018

 

ORDER

 

 

Abdul Maalik Gaddi, J:    Applicant/ accused is present on interim pre-arrest bail granted to him by this Court vide Order dated 22.02.2018. Today, this bail application is fixed for confirmation or otherwise.

 

2.         Facts of the case in brief are that the complainant lodged FIR being Crime No.11/2018 under Section 489-F PPC against the accused at PS Sharifabad for dishonoured of cheque amounting to Rs.5,50,000/- issued by the accused, when deposited by complainant in Bank Al-Habib, Bhains Colony Branch, Karachi on account of non-availability of amount.

 

3.         It is argued by learned counsel for applicant/ accused that the applicant/ accused is innocent and has falsely been implicated in this case with ulterior motives; that the applicant/ accused has no concern with the alleged offence; that the offence under which the present applicant/ accused has been booked for which the punishment is not more than 03 years, thus the same does not fall within the prohibitory clause of Section 497 CrPC; that challan has been submitted and this applicant/ accused is no more required for further investigation. Therefore, he prayed for confirmation of bail.

4.         Learned DPG though opposed this bail application but submits that the offence under which applicant/ accused has been booked for which the punishment is not more than 03 years.

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 position that the case has been challaned and applicant/ accused is no more required for investigation. It also appears from the record that the punishment for offence under which the present applicant/ accused has been booked is not more than 03 years, as the same does not fall within the prohibitory clause of Section 497 CrPC and it is yet to be determined at the time of trial whether present applicant/ accused had given the cheque to the complainant party with malafide intention or otherwise. Applicant/ accused is present in Court submits that the complainant has compromised the matter outside the Court. As observed above, since the punishment of the offence does not fall within the prohibitory clause of Section 497 CrPC. Thus keeping in view the law laid down in the case of Zafar Iqbal vs. Muhammad Anwar & others (2009 SCMR 1488) ordaining that where case falls within non-prohibitory clause, the concession of granting bail must be favourably considered and should only be declined in exceptional cases. Under the aforementioned facts and circumstances, I do not find this to be a case where it should be refused as an exception.

7.                 Accordingly, the bail already granted to the applicant/ accused is hereby confirmed on same terms and conditions with direction to the applicant/ accused to appear before the trial Court to face trial.

8.                 Before parting with the order, I would like to make it clear that any observation if made in this order is tentative in nature and shall not effect the merits of the case.  

JUDGE

asim/pa