ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

1^st Cr. Bail Appln. No.S- 628 of 2023.  

Date of hearing                                Order with signature of Judge.

1.For orders on office objection as flag A.

2.For hearing of  bail application.                        

 Applicant

(Mushtaque Masih)                 :     Through M/S Danesh Kumar Jai Jai Veshnu and

                                                Mohamad Afzal Jagirani, advocates a/w  applicant 

                                                (on bail).

The State                      :        Through Mr. Ali Anwar Kandhro,  Addl. P.G.

Complainant                             :       Present in person.

(Muhammad Muslim)         

Date of hearing            :       28.12.2023.

O R D E R.

MUHAMMAD SALEEM JESSAR:- Through this application, applicant seeks his admission on pre arrest bail in Crime No.205 of 2023 of P.S New Faujdari Shikarpur for offences under Sections 489-F PPC. Applicant filed  anticipatory bail application before the Court of Sessions where initially he was granted interim pre arrest bail vide order dated 25.10.2023 and subsequently it was assigned to 4^th Additional Sessions Judge, Shikarpur vide Cr.Bail Appln. No.1104 of 2023 where after hearing the parties   its confirmation was  declined vide order dated 25.10.2023, hence this application has been maintained.

2.                    The facts of the prosecution are already mentioned in FIR as well as memo of bail application  therefore, the same are not required to be repeated here.

3.                    It is has been ascertained that  son of the applicant namely Waseem Masih had borrowed some amount from complainant however, due to ups and downs of business he could not repay the same therefore, applicant being his father had issued a disputed cheque as guarantee/surety. However, later son of the applicant who in fact had borrowed the amount from  complainant,  had committed suicide  and is no more in the world. 

4.                    Complainant present in person  admits the assertion  and submits that son of the applicant namely Waseem Masih was his business partner however,  due to certain undue circumstances  he could not pay amount and the applicant being his father  had issued cheque in favour  of complainant  which on presentation  has become bounced.

5.                     Learned Addl. P.G in view of above submits that it will be appropriate  for the parties  to proceed with the trial and he has no objection for grant of bail.

6.                     Since the person who allegedly borrowed the amount from complainant had committed suicide and is no more in the world.  As far as allegation against present applicant is concerned, he issued the cheque on behalf of his deceased son which on presentation become bounced. Such claim of the applicant has not been denied by the complainant present in Court, hence issue involved in this case is yet to be determined by the trial Court after recording evidence of the prosecution witnesses whether the applicant being guarantor could be held responsible for penal consequences or otherwise.

7.                     In the circumstances and in view of above legal cum factual position, the case against applicant is completely covered by sub-section (2) to Section 497 Cr.P.C and requires further enquiry. Consequently, instant bail application is hereby allowed.  The ad interim order dated 30.10.2023 is hereby confirmed on the same terms and conditions.

JUDGE

shabir

shabir

                        Learned Addl. P.G has also raised no objection.

                        Admittedly the offences with which the applicants stand charged are compoundable, therefore, there is no impediment  under the law  which may prevent the  parties  from entering into compromise as far as instant bail application is concerned.  

                        In view of no objection extended by the complainant and injured present in Court as well as Addl. P.G coupled with the fact that offences are not falling within ambit of prohibitory clause of Section 497 Cr.P.C and applicants are being tried  by the  Court of Judicial Magistrate, hence their case in view of dicta laid down in the case of Muhammad Tanveer v. The State (PLD 2017 S.C 233) requires  further enquiry. 

                        Consequently, instant bail application is allowed. The interim pre arrest bail granted to the applicants on 14.04.2023 is hereby confirmed on the same terms and conditions. Case has been challaned, therefore, the parties are at liberty to file appropriate application before the Court as required under Section 345 Cr.P.C.

JUDGE 

Shabir