IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Criminal Bail Application No. S-675 of 2022

(Subhan Ali Solangi v State)

Date Order with signature of Judge

For hearing of Bail Application.

Date of hearing : 06.02.2023

Mr. Mohsin Sajjad Utra Advocate along with applicant.

Mr. Muhammad Khan Bhirajo Advocate for complainant.

Mr. Shafi Muhammad Mahar, D.P.G.

O R D E R

Irshad Ali Shah, J. It is alleged that the applicant issued a cheque in favour of complainant Ghulam Fareed dishonestly, it was bounced when was presented before the concerned Bank for encashment for that the present case was registered.

2. The applicant after having been refused pre-arrest bail by learned IInd Additional Sessions Judge Naushahro Feroze has sought for the same from this Court by way of instant bail application u/s 498-A 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 dispute with him over sale and purchase of the property; the FIR of the incident has been lodged with delay of about one year and offence alleged against the applicant is not falling within the prohibitory clause. By contending so, he sought for pre-arrest bail for the applicant on the point of further enquiry and malafide.

4. Learned DPG for the State and learned counsel for the complainant have opposed to the grant of pre-arrest bail to the applicant by contending that he has committed financial death of the complainant.

5. Heard arguments and perused the record.

6. The FIR of the incident has been lodged with delay of about one year such delay having not been explained plausibly could not be overlooked. The offence alleged against the applicant is not falling within prohibitory clause. The parties are already disputed over sale and purchase of the property.The case has finally been challaned. The applicant has joined the trial and there is no allegation of misusing the concession of interim pre-arrest bail against him. In these circumstances a case for grant of pre-arrest bail to the applicant on point of further enquiry and malafide is made out.

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

8. The instant bail application is disposed of accordingly.

J U D G E

Akber.