ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

 

Cr.B.A.No. 810 of 2023

(Asif Raza vs. The State)

Date                     Order with signature of Judges

 

1.     For order on MA No. 5985/2023

2.     For hearing of bail application

 

08.06.2023

 

M/s. Abdul Samad Khattak and Ghulam Rasool Khattak advocates for the applicant

Mr. Talib Ali Memon Asstt.PG for the State

Mr. Nazeer Ahmed advocate for the complainant

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

 

The facts in brief necessary for disposal of instant bail application are that the complainant purchased flat from the applicant, it sustained damage and was asked by the applicant to vacate against the payment, which he vacated on receipt of a cheque towards part price for the said flat, it was bounced when was presented before the concerned Bank for encashment, for that the present case was registered.

The applicant on having been refused bail by learned II-Judicial Magistrate Karachi East and learned III-Additional Sessions Judge, Karachi East, has sought for the same from this Court by way of instant bail application u/s 497 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 his dispute with him over possession of the flat; the FIR of the incident has been lodged with delay of more than one month; the cheque was conditional, it was to be encashed on account of return of file, which has not yet been returned to the applicant by the complainant; offence alleged against the applicant is not falling within prohibitory clause, therefore, the applicant is entitled to be released on bail on point of further inquiry. In support of his contentions, he relied upon case of Abdul Saboor vs. The State through A.G Khyber Pakhtunkhwa and another (2022 SCMR 592).

Learned Asstt. P.G for the state and learned counsel for the complainant have opposed to release of the applicant on bail 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 more than 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 dispute between the parties exists over payment of flat. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of the applicant who is said to be in custody since 03 months without effective progress in trial of his case. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out.

In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.200,000/- (Rupees Two Lacs only) and P.R bond in the like amount to the satisfaction of the learned trial Court.

Instant bail application is disposed of accordingly. 

 

                            JUDGE