ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.552 of 2023

Muhammad Zaeem Tariq versus The State)

ate Order with signature of Judges

For hearing of bail application

14.06.2023

Mr. Shahabuddin Channa, advocate for the applicant

Ms. Rubina Qadir, D.P.G.

Syed Muhammad Abdul Kabir, advocate for the complainant

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It is alleged that the applicant being associate of co-accused Muhammad Owais an employee of the complainant Mst. Hina Gul defrauded her with certain amount in breach of trust and then threatened her of dire consequences, for that the present case was registered. On having been refused pre-arrest bail by learned IV-Additional Sessions Judge, Karachi West, the applicant has sought for the same from this Court by way of instant bail application u/s 498-A Cr.P.C.

It is contended by learned counsel for the applicant that the applicant has nothing to do with the incident, therefore, the applicant is entitled to be admitted to pre-arrest bail on point of further inquiry and malafide.

Learned D.P.G. and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicant by contending that he and co-accused Muhammad Owais have committed financial death of the complainant in a very deceitful manner as such he is liable to face the consequences.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about two months; such delay having not been explained plausibly could not be overlooked. All the penal sections applied in the FIR are bailable excepting one under section 408, PPC. It is not falling within prohibitory clause. The case has finally been challaned and there is no allegation of misusing the concession of interim pre-arrest bail on the part of applicant. In these circumstances, a case of grant of pre-arrest bail to the applicant on point of further inquiry and malafide 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.

J U D G E