ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail
Application No.S-660 of 2021
|
Date |
Order with signature of Judge |
Applicant: Aijaz Hussain, through
Mr.
Ubedullah Ghoto, Advocate
Complainant: Muhammad Tahir Hussain, through
Mr.
Muhammad Rehan Khan Durrani,
Advocate
State: Through Mr.
Shafi Muhammad
Mahar, Deputy Prosecutor General
Date
of hearing: 28.02.2022
Dated
of order: 28.02.2022
O R D E R
Zulfiqar Ali Sangi, J:
Applicant/accused Aijaz
Hussain Chohan is seeking his post-arrest bail in FIR
No.64/2021, registered at Police Station S.I.R.S, Sukkur, under sections 489-F,
PPC. His earlier post-arrest bail plea was declined by the learned Additional
Sessions Judge-V, Sukkur, vide order dated 29.09.2021.
2. As
per FIR, the applicants had issued four cheques each of Rs.21,50,000/- to complainant in respect of
purchasing of two plots, which on presentation in the concerned bank were dishonoured hence
such FIR was lodged.
3. Learned
counsel for the applicant has contended that the applicant is innocent and has
falsely been implicated by complainant with malafide
intention. He next contended that there is inordinate delay of about five month
in registration of FIR which has not been explained by the complainant. He also
contended that actually there is civil disputed between the parties but
complainant dishonestly wants to convert the civil dispute into criminal
proceedings. He further contended that the offence does not fall within the
ambit of prohibitory clause of section 497 Cr.P.C, therefore, he prayed for post-arrest bail. Learned counsel for
the applicant in support of his contentions placed reliance on the cases
reported as 2021 SCMR 822, 2011 SCMR
1708, 2013 SCMR 51 and 2009 SCMR 1488.
4.
On the other hand, learned counsel for the complainant has opposed the grant of
bail contending that the applicant is nominated in the FIR who has issued cheques of heavy amount to the complainant which were dishonoured, hence the
applicant is not entitled for concession of bail. He in support of his
contention placed reliance on the cases reported as 2021 SCMR 1466, 2018 MLD
1521 and 2013 YLR 566.
5. Learned DPG also opposed the grant
of bail on the ground that there is no denial of the applicant that he has not
issued the cheques; that the applicant is nominated
in the FIR who had issued cheques of heavy amount, which
on presentation were dishonoured, therefore, the
applicant is not entitled for the relief claimed.
6. I
have heard the learned counsel
for the parties and perused the material available on record with their able
assistance.
7.
It appears that the complainant and accused are close friends and there were business
transaction between them, whereas the offence does not fall within
prohibitory clause of section 497 Cr.P.C, as its maximum punishment is three
years and grant of bail in these cases is a rule and refusal is an exception,
however, strong reasons for refusal are required. Reliance is placed on the
case of Tariq Bashir v. The State (
8. It is settled
principle of law that the deeper appreciation of evidence is not permissible at
bail stage and bail application is to be decided tentatively on the basis of
material available on record. From the tentative assessment of the material
available on the record, the applicant has made out his case for grant of
post-arrest bail. Resultantly, his bail application is allowed and applicant is
admitted to post-arrest bail subject to his furnishing solvent surety in the
sum of Rs.50,000/-(rupees fifty thousand) and P.R bond in the like amount to
the satisfaction of the trial court.
9. Observations
made herein above are tentative in nature and will not cause any prejudice to
either party at the trial.
JUDGE
Suleman Khan/PA