ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail
Application No.S-464 of 2021
Date |
Order with signature of Judge |
Applicant: Azizullah
Lakho through
Mr.
Arif Ali Abbasi, Advocate
Complainant: Nemo
State: Through
Mr. Zulfiqar Ali Jatoi, APG
Date of
hearing: 23.08.2021
Dated of
order: 23.08.2021
O R D E R
Zulfiqar
Ali Sangi, J: Applicant/accused Azizullah son of Allah Dino Lakho, seeks pre-arrest bail in FIR No.107/2021, registered
at Police Station Kandiaro, u/s 489-F, PPC. His earlier pre-arrest bail plea was
declined by the learned II-Additional Sessions Judge, Naushahro Feroze, vide
order dated 26.07.2021. After rejection of his bail application, he approached
this court for the same relief.
2. The
allegation against the applicant is that on 18.09.2019 he purchased DAP, Urea
fertilizer and cotton seed from the complainant and issued him postdated cheque
dated 19.10.2020 amounting to Rs.19,60,000/- which on presentation before the
concerned bank was dishonoured, hence such FIR was registered.
3. Learned
counsel for the applicant has contended that the applicant is innocent and has
falsely been implicated in this case by the complainant with malafide intention
as prior to registration of present FIR, the son of the applicant namely
Altaf Hussain had lodged FIR No.48/2021
at PS Bhirya City u/s 489-F, PPC against the complainant. He next contended
that there is un-explained delay of about 27 months in lodging of the FIR which
has not been properly explained. He further contended that the offence does not
come within the ambit of prohibitory clause of section 497 Cr.P.C,
therefore, he prayed that the interim
pre-arrest bail granted to the applicant may be confirmed.
4.
Learned Additional Prosecutor General conceded for confirmation of pre-arrest in
view of the facts that the offence does
not fall within prohibitory clause of section 497 Cr.P.C.
5. I have heard the learned counsel for the parties and perused the material
available on record with their able assistance.
6. Record reflects that much prior to
the registration of present FIR which was lodged on 21.06.2021, the FIR No.48/2020
as referred by the applicant and available at page 35 of the case file, was
registered by the son of present applicant against the complainant on
20.05.2020, which prima facie shows
the malafide of the complainant in registration of present FIR. Further the
offence does not fall within prohibitory clause of section 497 Cr.P.C 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 (PLD 1995 SC 34) , Muhammad Tanveer V. The State and another (PLD 2017 SC 733) and Sheikh Abdul Raheem v. The State and another (2021 SCMR 822),
7. In
view of the above facts coupled with the no objection given by learned APG for
the state, I am of the view that the applicant has made out the case for
confirmation of pre-arrest bail. Accordingly, the interim pre-arrest bail already
granted to the applicant / accused by this court vide order dated 29.07.2021, is
hereby confirmed on same terms and
conditions.
8. Observations made herein above are
tentative in nature and will not cause any prejudice to either party at the
trial.
9. Instant Criminal Bail Application
is disposed of in the above terms.
JUDGE
Suleman Khan/PA