IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Bail Application No.S-690
of 2023
Applicant: Abdul
Rehman Mahar, through
Mr. Prem Kumar @ Parmanand, Advocate
Complainant: Sahib Khan, through
Mr. Muhammad Rafique Kalwar, Advocate
State: Through Mr. Syed Sardar Ali Shah
Addl. Prosecutor
General.
Date
of hearing: 24.11-2023
Date
of Decision: 24.11-2023
O R D E R
ZULFIQAR
ALI SANGI, J.-
Post arrest bail was denied to the applicant in case FIR No.99/2023
dated 07.09.2023, registered at Police Station Khanpur Mahar, district Ghotki,
for offence under Section 489-F, PPC
by the Court of Judicial Magistrate/Consumer Protection Court, Ghotki vide
order dated 18-09-2023, maintained by the Court of Additional Session
Judge-III, Ghotki vide order dated 27-09-2023.
2. As per the FIR, applicant issued a Cheque
No.1946644165, of MCB bank Khanpur Mahar in lieu of repayment of amount of the
complainant for Rs.1390,000/- which on presentation was dis-honored. After
investigation the case was challaned and bail applications filed by the
applicant were dismissed as stated above. Learned counsel for the applicant
submits that for an offence not falling within the prohibitory clause, the
grant of bail is a rule and refusal is an exception. He relied upon the case of
Sheikh
Abdul Raheem v. The State and another (2021 SCMR 822). Counsel for the
complainant and the Addl.PG opposes the bail plea on the ground that the
applicant defrauded several persons and some other FIRs of same nature were also
registered against him, therefore, he is not entitled for grant of bail.
3. I
have heard learned counsel for parties and have examined the record of the
case. I am cognizant of the fact that the offence under Section 489-F, PPC does
not fall within the prohibitory clause of Section 497(1) Cr.PC, and bail in
such a matter is a rule and refusal is an exception. However, the Supreme Court
in the case of Muhammad Imran Vs. The
State (P L D 2021 Supreme Court 903) had formulated the grounds for the
case to fall within the exceptions meriting denial of bail include (a) the
likelihood of the applicant’s abscondence to escape trial; (b) his tampering
with the prosecution evidence or influencing the prosecution witnesses to
obstruct the course of justice; or (c) his repeating the offence keeping in
view his previous criminal record or the desperate manner in which he has prima facie acted in the commission of
offence as alleged. The prosecution has to show if the case of the applicant
falls within any of these exceptions on the basis of the material on the
record.
4. Record
shows that the applicant has been booked in two criminal cases under the same
offence with different complainants and involving sizable amounts of money.
These cases were registered during the year 2023. It is further observed during
the arguments of the parties that some other FIR’s of same nature were also
registered against the applicant and are admitted by the counsel for the
applicant but he submits in some of those the applicant has been granted bail. However,
counsel for the complainant place on record one FIR bearing crime No. 88/2023
registered at the same police station for offence u/s 489-f PPC, registered by
Israr Ahmed Gadani. The material on record makes the case of the applicant fall
under the exceptions to the rule of grant of bail as mentioned above. The
applicant involved in two criminal cases registered against him for the same
offence by different parties and one was even been registered after the instant
case. Therefore, the factual matrix of the instant case is very different from
the one cited by the learned counsel.
5. For the above reasons I am not inclined to
interfere in the well-considered findings of the court below and dismissed the
instant bail application. The applicant is behind bars and is entitled to the
fair and speedy trial, therefore the trail court is hereby directed to conclude
the trial within the period of three months’ from the date when order is
received and furnish compliance report to this court through Additional
Registrar.
6. The
bail application is disposed of as above.
Ihsan/*