ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Bail Application No. S – 504 of 2017
DATE ORDER WITH
SIGNATURE OF JUDGE
For hearing of bail
application
07.09.2018
Mr.
Muhammad Arif Malik Advocate for the applicant
Mr. Fidaullah Qureshi Advocate for
the complainant
Mr. Abdul Rehman Kolachi, DPG for the State
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Through instant bail application,
the applicant/accused Shahid Ali Rajput has sought
pre-arrest bail in Crime No.53/2017 registered at police station ‘A’ Section Sukkur, for an offences under Section 489-F, 420 and 506/2 PPC.
The facts as per FIR registered by
complainant Muhammad Shabbir on 11.05.2017 at Police
Station ‘A’ Section Sukkur, stating therein that he
own Bungalow No.107/2 on an area of 150 square yards situated in Sukkur Society, whereas, applicant Shahid
Ali being known to him on 20.02.2016 entered into an agreement to sell of the
said bungalow for a consideration of Rs.48,00,000/- and paid advance amount of
Rs.10,00,000/- and promised for payment of Rs.18,00,000/- after one month and
also issued cheque No.A-55081335 for an amount of
Rs.20,00,000/- of Meezan Bank March Bazaar Sukkur for the date 01.06.2016 in the name of his wife Nousheen Latif and possession of
the bungalow was handed over to the Shahid Ali, who
applied his own locks thereon. It is further stated that as per commitment the
amount of Rs.18,00,000/- was not paid by Shahid Ali,
whereas, the cheque of Rs.20,00,000/- of Meezan bank on presentation was also bounced due to
insufficient funds in her account and such memorandum was issued, whereas,
another agreement was executed as per the demand of Shahid
Ali that the complainant may return an amount of Rs.500,000/- to him and he
issued another cheque No.A-93833756 for an amount of
Rs.43,00,000/- of Meezan Bank Sukkur
dated 13.04.2017 and on presentation the said cheque
was also dishonoured due to insufficient funds. The
complainant from time to time approached Shahid Ali
and demanded his amount, but no satisfactory response was given to him,
ultimately a month back, the complainant along with his nephew Rafaqat Ali S/o Munir Ahmed and
his son Muhammad Aamir were standing beside his
house, it was 1:00 p.m when accused Shahid Ali Rajput along with his 02 accomplices came there
and took out pistol and threatened the complainant for dire-consequences, in
case he demanded the sale consideration of the bungalow, therefore, the
complainant filed such Criminal Miscellaneous Application before the Sessions
Judge / Ex-Officio Justice of Peace Sukkur and such
order as passed in his favour, hence such FIR was
lodged.
Learned counsel submits that
the applicant is innocent and he has been falsely implicated in this case by
the complainant due to dispute over the sale of a bungalow, whereas, the
applicant has paid the entire sale consideration amount to the applicant and
such possession as well as documents have been delivered to the applicant by
the complainant; that the allegations are false and the prosecution story is
managed and concocted one; that there is no independent eye-witness of the
incident; that the applicant in good faith had given cheque
to the applicant, whereas, he paid the entire amount in cash, hence on demand
the complainant started creating hurdles for the applicant, if the applicant
would not have paid the amount, then how the complainant had given the
possession as well as documents to the applicant; that no such threats of
murder have been issued by the applicant to the complainant being a respectable
citizen. He lastly prayed that the
interim pre-arrest bail granted to the applicant may be confirmed.
Learned counsel for the
complainant as well as learned DPG on the other hand have
vehemently opposed the grant of pre-arrest bail to the applicant/accused and
further contended that the applicant while purchasing the bungalow from the
complainant has failed to pay the sale consideration, but has issued fake cheques first in the name of his wife, whereas, another of Meezan Bank Sukkur, but both the cheques were bounced due to insufficient funds, as such the applicant has cheated with the
complainant and has committed the offence, hence he is not entitled for the
extra ordinary concession of pre-arrest bail.
I have heard the learned counsel for the
applicant/accused, learned DPG for the State and
counsel for the complainant and have perused the record. The applicant/accused
had purchased a bungalow from the complainant and on payment of advance amount
as per commitment the possession was handed over to him, whereas, the
applicant/accused failed to play his part and did not pay any single penny to
the complainant as per the said commitment, but played fraud with him firstly
he issued a cheque in the name of his wife Mst. Nosheen Latif
which on presentation before the concerned Bank was bounced, but another
commitment was made that the complainant should return half of the earnest
amount of Rs.500,000/- and he would give another cheque
of Rs.43,00,000/-, as such the applicant in good faith returned the said amount
and received the cheque for Rs.43,00,000/- which on
presentation before the concerned Bank was too dishonoured
due to insufficient funds, which perhaps was issued by the applicant/accused
intentionally and deliberately just to cheat the complainant and has deprived
him of his lucrative sale consideration amount of the bungalow. In my humble
view, if such practice is allowed to be continued in our society, the people do
not hesitate to cheat the owners of the properties in smooth manner. The
applicant/accused has not produced any proof regarding payment of the sale
consideration to the complainant, whereas, the people are so vigilant in making
the payments, if he would have paid the sale consideration, he must have
produced such receipt or document and the mode of payment. In my view the
applicant has failed to make out a case of further inquiry and he does not
deserve for any extra ordinary concession of pre-arrest bail. Consequently, the
interim pre-arrest bail earlier granted to the applicant on 28.08.2017 is
hereby recalled and bail application is dismissed.
Judge
ARBROHI