ORDER
SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.2106
of 2022
(Muhammad Owais Tariq versus The State)
ate Order with signature of Judges
For
hearing of bail application
14.06.2023
Mr. Abdur Rahim Abid, 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 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 being
innocent has been involved in this case falsely by the complainant in order to
satisfy with him her dispute over settlement of account; the FIR of the
incident has been lodged with delay of about two months; the 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.
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 has 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