ORDER
SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 2083 of 2022
(Faisal Saleem Ahmed Siddiqui
versus The State)
Date Order with signature of Judges
For hearing of bail application
15.06.2023
Applicant present on interim pre-arrest bail
Ms. Rubina Qadir, D.P.G
Mr. Sardar Salman Ishaque advocate for the
complainant
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It is alleged that the applicant
dishonestly by practicing fraud and cheating received from the complainant certain
amount of money for arranging Hajj visa for him and his wife, which he failed
to arrange and then returned his money in shape of cheque which could not be
encashed, for that the present case was registered. The applicant on having
been refused bail by learned VIII-Additional Sessions Judge, Karachi South has
sought for the same from this Court by filing such bail application it was
dismissed vide order dated 04.10.2022, the instant application under Section
498 Cr.P.C is second in series, whereby the applicant has sought for his
pre-arrest bail.
It is contended by the
applicant that he has been denied bail by learned trial Court in a bailable
offence which is against the spirit of law. By contending so, he sought for
pre-arrest bail.
Learned DPG for the state
and learned counsel for the complainant have opposed to grant of pre-arrest
bail to the applicant by contending that an offence punishable under Section
489-F PPC was constituted which is not bailable.
Heard arguments and
perused the record.
The FIR of the incident
has been lodged with delay of about 02 years; such delay having not been
explained plausibly could not be overlooked. Section 420 PPC is applied in the
case, it is bailable one. If for the sake of arguments, it is believed that an
offence punishable under Section 489-F PPC is made out, even then it is not
falling within the prohibitory clause. The case has finally been challaned. In
these circumstances, the case for grant of pre-arrest bail to the applicants on
the 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.
J
U D G E