ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 925 of 2023

(Waqas Ali Khan versus The State)

Date Order with signature of Judges

For hearing of bail application

22.06.2023

Mr. Salahuddin Khan Gandapur advocate for the applicant

Ms. Rubina Qadir DPG for the State

Mr. Nusrat Ali Shar advocate for the complainant

-----------------------------------

It is alleged that the applicant obtained loan of Rs.1,20,00,000/- from complainant Safiullah under an agreement, which he returned in shape of three cheques dishonestly, 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 bail by learned I-Judicial Magistrate, Karachi South and XI-Additional Sessions Judge, Karachi South has sought for the same from this Court by making the instant bail application under Section 497 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 his dispute over settlement of account; the FIR of the incident has been lodged with delay of about 12 days; agreement is fake; offence alleged against the applicant is not falling within prohibitory clause and the alleged offence entails imprisonment for three years or fine, if on conclusion of trial, the applicant is awarded punishment of fine, then imprisonment which is likely to undergo on refusal of bail would be somewhat extra. By contending so, he sought for release of the applicant on bail on point of further inquiry.

It is contended by learned D.P.G for the state and learned counsel for the complainant that the applicant has committed financial death of the complainant by issuing fake cheques in his favour dishonestly and he being habitual offender is not entitled to be released on bail.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about 12 days, such delay has not been explained plausibly could not be overlooked. The offence alleged against the applicant is not falling within the prohibitory clause. The parties are appearing to be disputed over settlement of account. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of the applicant, who is said to be in custody since four months. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out.

In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.500,000/- (Rupees Five Lacs only) and P.R bond in the like amount to the satisfaction of the learned trial Court.

Instant bail application is disposed of accordingly.

J U D G E