ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 167 of 2023

(Ali Asghar Hussain Shah vs. The State)

Date Order with signature of Judges

1. For hearing of bail application

2. For orders on M.A.No. 1158/2023

06.06.2023

Mr. Imran Khan advocate for the applicant

Mr. Muntazir Mehdi, Addl.PG for the State

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

It is alleged that the applicant was manufacturing Tobacco Pan Masala with name of registered company of the complainant party by fraudulent means for that the present case was registered. On refusal of pre-arrest bail by learned XII-Additional Sessions Judge, Karachi East, the applicant has sought for the same from this Court by way of instant bail application under Section 498-A Cr.P.C.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about six days; such delay having not been explained plausibly could not be overlooked. All the penal sections applied in FIR are bailable excepting one under Section 468 PPC, it is not falling within the prohibitory clause. 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