ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-376 of 2020

 

Date of hearing

 

Order with signature of Judge

 

                                    For hearing of bail application.

01.10.2020.

 

                                Mr. Inam Rehman Abro, Advocate for the applicant

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicant issued a cheque worth rupees Four Lacs in favour of complainant Khalid  Hussain, it was bounced by the concerned Bank, when it was presented there for encashment, for that the present case was registered.

2.        The applicant, on having been refused pre-arrest bail by learned Additional Sessions Judge, Ratodero, has sought for the same from this Court by way of instant bail application u/s 498 Cr.P.C.

3.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy his dispute with him over purchase of house; the FIR has been lodged with delay of more than one year; co-accused Nadeem has been let off by the police and the offence alleged against the applicant is not falling within the prohibitory clause of 497 Cr.PC. By contending so, he sought for pre-arrest bail for the applicant on point of further inquiry and malafide.

4.        Learned DPG for the State has recorded no objection to grant of pre-arrest bail to the applicant.

5.        I have considered the above arguments and perused the record.

6.        Admittedly, the parties are disputed over the sale and purchase of the house. The FIR of the incident has been lodged with delay of more than one year. Co-accused Nadeem has been let off by the police and the offence alleged against the applicant is not falling within the prohibitory clause of section 497 Cr.PC. In that situation, a case of grant of pre-arrest bail in favour of the applicant on point of further inquiry and malafide is made out.

7.        In case of Tariq Bashir and 5 others vs. The State                               (PLD 1995 SCMR-34), it has been held by Hon’ble Apex Court that;-

“—Ss.496 & 497---Bail---Grant of bail in bailable offence is right while in non‑bailable offences the grant of bail is not a right but concession/grace--- Grant of bail in offences punishable with imprisonment for less than 10 years is a rule and refusal an exception.

8.        In view of above, the interim pre-arrest bail already granted to applicant is confirmed on same terms and conditions.

9.        The instant bail application is disposed of accordingly.

                                                                                                                  JUDGE