IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.3018 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
20.02.2025
Mr. Zahoor Ahmed, advocate for
applicant
Mr. Zahoor Shah, Addl: P.G. Sindh
------------------------------------
Applicant/accused
Ghufran Mehmood is present on interim pre-arrest bail. He seeks pre-arrest bail
in FIR No.930/2024, registered at P.S. KIA East Karachi, for offence under
sections 406, 170, 171, 34, PPC.
2. It is
alleged in the FIR that complainant and his friend paid various amounts to
applicant and his accomplices for getting jobs in government departments,
however, upon their failure to do so, complainant demanded back the amount,
which the applicant and his accomplices failed to, hence the aforesaid FIR.
3. Counsel
for applicant submits that all sections applied in FIR are bailable except
section 406, PPC; that main allegation against the person who committed fraud
is Sajjad, who is absconder and applicant after getting interim pre-arrest bail
has joined the investigation, challan has been submitted and applicant/accused
is no more required for further investigation.
4. On the
last date of hearing, complainant engaged his counsel but today his counsel is
called absent without intimation. Learned Additional PG has recorded objection
on the ground that applicant/accused has committed fraud with the complainant,
therefore, he is not entitled for grant of bail.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh
and perused the material available on record.
6. All the
sections applied in FIR are bailable, except section 406, PPC, which does not
come within the ambit of prohibitory clause of section 497, Cr.PC. It is settled law that grant of bail in the
offences not falling within the prohibitory clause is a rule and the refusal is
an exception. Reliance is placed on the case of Ali Anwar Paracha versus the State and another (2024 SCMR 1596). Investigation is complete, case has been challaned
and applicant is facing trial.
5. Taking into consideration all facts and
circumstances, interim pre-arrest bail already granted to applicant is hereby
confirmed on the same terms and conditions. However, trial Court is directed to
conclude the case expeditiously.
6. Needless,
to mention here that the observations made hereinabove are tentative in nature
and would not influence the trial Court while deciding the case on merits.
7. The instant bail application is
accordingly disposed of.
J U D G E
Gulsher/PS