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