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