ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 471 of 2023

(Ahmed Bux vs. The State)

Date Order with signature of Judges

For hearing of bail application

07.06.2023

Mr. Nasrullah Malik advocate for the applicant

Mr. Talib Ali Memon Asstt.PG for the State

Mr. Shuhabdeen Siyal advocate for the complainant

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

It is alleged that the applicant purchased Rivo vehicle from complainant Deedar Ali made him payment in shape of cheques, 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 XI-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.

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 sale and purchase of house; the FIR of the incident has been lodged with delay of about 11 days; offence alleged against the applicant is not falling within prohibitory clause and it carries punishment of imprisonment for three years or fine or both if the applicant on trial is punished with fine then the imprisonment which he is likely to undergo on account of his arrest would be somewhat extra, therefore, the applicant is entitled to be admitted to pre-arrest bail on point of further inquiry and malafide.

Learned Asstt. P.G for the state and learned counsel for the complainant have 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 11 days; 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 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