ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 2431 of 2022

(Muhammad Imran vs. The State)

Date Order with signature of Judges

1. For orders on M.A.No. 14943/2022

2. For hearing of bail application

20.06.2023

Mr. Liaquat Ali Khan, advocate for the applicant

Ms. Rubina Qadir, Deputy Prosecutor General for the State

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It is alleged that the applicant issued dishonestly cheques in favour of complainant Abdul Manan, those were bounced when were presented before the concerned Bank for encashment, for that the present case was registered. The applicant on having been refused pre-arrest bail by learned IV-Additional Sessions Judge, Karachi East has sought for the same from this Court by way of instant bail application under Section 498 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 police otherwise the complainant by filing his affidavit has recorded no objection to grant of pre-arrest bail to the applicant. By contending so, he sought for admission of the applicant to pre-arrest on point of further inquiry and malafide.

None has come forward to advance arguments on behalf of the complainant. However, learned DPG for the state has opposed to grant of pre-arrest to the applicant 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 about 15 days; such delay having not been explained plausibly could not be overlooked. The parties are disputed over sale and purchase of the property. The offence alleged against the applicant is not falling within the prohibitory clause. The complainant by filing his affidavit has no recorded no objection to grant of pre-arrest bail to the applicant. The case has finally been challaned and there is allegation misusing the concession of interim pre-arrest bail on the part of the 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.

JUDGE