ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-373 of 2021

Date	Order with signature of Judge

Applicant: Abdul Rasheed Marfani through

M/s Asif Ali Abdul Razak Soomro and

Qurban Ali Malano, Advocates

Complainant: Nazeer Ahmed, through

Mr. Ghulam Mujtab Jakhar, Advocate

State: Through Syed Sardar Ali Shah

Date of hearing: 06.09.2021

Dated of order: 06.09.2021

O R D E R

Zulfiqar Ali Sangi, J: Through this application, applicant/accused Abdul Rasheed s/o Sikandar Khan Marfani, seeks pre-arrest bail in FIR No.205/2021, registered at Police Station Naushahro Feroze, u/s 489-F, 506/2, 147, 148 and 149 PPC. His earlier pre-arrest bail plea was declined by the learned Additional Sessions Judge, Moro vide order dated 03.06.2021. After rejection of his bail application, he approached this court for the same relief.

2. The allegation against the applicant is that on 19.10.2020 he purchased four vehicles from the complainant and issued him a cheque amounting to Rs.2,50,00,000/- which on presentation before the concerned bank was dishonoured, hence such FIR was registered.

3. Mr. Asif Ali Abdul Razak Soomro Advocate also files vakalatnama on behalf of applicant, which is taken on record. Learned counsel for the applicant have 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 applicant moved application to SHO Police Station Sachal regarding missing of his cheque. They next contended that there is un-explained delay of about seven month in lodging of the FIR which has not been properly explained. They further contended that the offence does not fall within the ambit of prohibitory clause of section 497 Cr.P.C, therefore, they prayed for confirmation of interim pre-arrest bail already granted to the applicant.

4. Learned DPG and learned counsel for the complainant opposed the confirmation of interim pre-arrest bail granted to the applicant contending that the applicant is nominated in the FIR who has issued cheque of heavy amount to the complainant which was dishonoured, hence the applicant is not entitled for concession of pre-arrest bail

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 12.05.2021, the complainant filed an application on 06.02.2021 before SHO Police Station Sachal Malir Karachi as referred by the applicant and available at page 35 of the case file, as such the case of applicant requires further enquiry. 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. The deeper appreciation of evidence is not permissible at the bail stage and the same is to be decided tentatively. From the tentative assessment of material available on record the applicant has made out his case for confirmation of pre-arrest bail. Accordingly, instant bail application is allowed and ad-interim pre-arrest bail earlier granted to the applicant vide order dated 17.06.2021, 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.

JUDGE

Suleman Khan/PA