IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^st Criminal Bail No.S-46 of 2025

Ganhwar Ali Noonari

V/S

The State

Applicant:                                          Ganhwar Ali son of Ameer Bux Noonari

Through Mr. Mazhar Ali Mangan, Advocate.

Complainant:                                                Abhimanyu son of Ram Chand

                                                            Through Mr. Abdul Ghani Bijarani,

Advocate

State:                                                  Through Mr. Ali Anwar Kandhro, Additional

Prosecutor General, Sindh.    

Date of Hearing:                               26.02.2025

Date of Decision:                             19.03.2025

O R D E R

Omar Sial, J.-   Ganhwar Ali seeks pre-arrest bail in crime number 122 of 2022 registered under sections 489-F, 420 and 406 P.P.C. at the A-Section police station in Kandhkot.

2.         The F.I.R. was registered on 08.07.2022 on Abhimanyu's complaint. Abhimanyu recorded that Ganhwar is his friend and that he regularly takes money from him (Abhimanyu). It was in the background of such a relationship that on 14.02.2022, Ganhwar borrowed Rs. 2 million and, in lieu thereof, gave Abhimanyu a cheque dated 10.05.2022 for the same amount. The cheque was not honored on 19.05.2022 when presented at the bank counter for clearance.

3.         Mr. Abdul Ghani Bijarani, advocate filed vakalatnama on behalf of complainant. He argued that the signature on the cheque is not disputed; there is no delay in lodging the F.I.R.; that the applicant remained a fugitive from law for three years; that there is no malafide against the applicant; that the applicant will run away.

4.         I have heard both the counsels and the learned Additional Prosecutor General. My observations and findings are as follows.

5.         The record reflects that the applicant’s pre-arrest bail application was dismissed on 19.08.2022 by the learned 1^st Additional Sessions Judge, Kandhkot. The applicant absconded and reappeared three years later on 30.01.2025, seeking bail from this court. He has no reasonable, logical, or cogent explanation for escaping the law, not surrendering himself, and not cooperating with the investigation agency. No malafide on the part of the complainant or the police has been demonstrated.

6.         For the reasons given above, the bail application is dismissed. The applicant shall be taken into custody and interrogated by the investigating officer. The applicant shall cooperate fully with the investigating officer and may seek post-arrest bail if he desires.

Judge

Manzoor