ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 142 of 2023

(Rehan Khalid vs. The State)

Date Order with signature of Judges

For hearing of bail application

05.06.2023

Mr. Waqas Ali Chaudhry advocate for the applicant

Mr. Muntazir Mehdi, Addl.PG for the State

-.-.-.-.-.-.-.-.-.

It is alleged that the applicant issued cheques in favour of complainant Haseeb Khan dishonestly, those were bounced when were presented before the concerned Bank for encashment for that the present case was registered. On refusal of pre-arrest bail by learned Sessions Judge, Karachi South, the applicant has sought for the same from this Court by way of instant bail application under Section 498-A Cr.P.C.

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 with him his dispute over settlement of account; the FIR has been lodged with delay of about one month and offence alleged against the applicant is not falling within prohibitory clause, therefore, the applicant is entitled to be admitted to pre-arrest bail on point of further inquiry and malafide.

None has come forward to advance arguments on behalf of the complainant. However, learned Addl. P.G for the state has opposed to grant of pre-arrest bail to the applicant by contending that he has committed financial death of the complainant.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about one month; such delay having not been explained plausibly could not be overlooked. The offence alleged against the applicant is not falling within the prohibitory clause. The parties are said to be disputed over settlement of account. The case has finally been challaned and there is no allegation of misusing the concession of interim pre-arrest bail on part of the applicant. In these circumstances, a case of grant of pre-arrest bail to the applicant on point of further inquiry and malafide obviously is made out.

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

Instant bail application is disposed of accordingly.

JUDGE