IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.543 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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14.04.2025
Mr.
Aamir Mansoob Qureshi, advocate for applicant
Ms.
Rubina Qadir, D.P.G.
Mr.
Mujahid Ali Awan, advocate
for complainant
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Applicant
Muhammad Umar Sheeraz son of Shahid
Nawaz seeks post arrest bail in FIR No.451/2024, registered at P.S. Tipu Sultan, Karachi for offence under section 489-F, PPC,
after rejection of his bail plea by learned Additional Sessions Judge-VIII
Karachi South.
2. Facts
of case are that complainant Muhammad Adnan is outdoor rider at Vision Shipping
& Logistics and also works with US Enterprise in Freight Services Sector.
Owners of said companies, namely, Kamran Warraich and
Hanzala Latif have business
transactions with him. Cheque bearing No.1997716488
dated 16.10.2024 of Rs.1,800,000/- was issued for freight services, which on
presentation was dishonoured on account of
insufficient funds, hence the subject FIR.
3. Learned counsel for the
applicants contended that the applicant is innocent and he has been falsely roped
in this case against the actual facts and circumstances; that the
applicant/accused has already settled the amount by way of online deposit in
the account of M/s Vision Shipping and Logistics; that the FIR has been lodged
by unauthorized person; that the F.I.R is delayed for about 2 months; that the
alleged offences do not fall within prohibitory clause of Section 497 Cr.PC.
4. Conversely, learned D.P.G appearing for the State assisted
by learned Advocate for complainant vehemently opposed the grant of bail on the
grounds that the applicant has issued cheque, which
on presentation was dishnoured. Counsel for
complainant further added that complainant was duly authorized to lodge subject
FIR against the applicant/accused.
5. I have heard the arguments advanced by learned counsel for
parties and perused the record available on the record.
6 Admittedly, there is delay of more than two months in
registration of F.I.R without furnishing plausible explanation. The cheque in question is alleged to have been issued by to the
Vision Shipping & Logistics and not to the complainant and, as per learned
counsel for applicant, the cheque amount has already
been deposited online to the account of the said Company, such aspect of the
case certainly calls for
further probe and it would be decided by the learned trial Court after
recording of evidence during trial and at this juncture this factum requires
further inquiry into the guilt of the applicant. Furthermore, the
offences with which the applicant stands charged fall within non-prohibitory
clause of Section 497 Cr.PC, maximum punishment
whereof is three years. All these circumstances,
prima-facie, establish that the case against applicant falls within the purview
of Section 497(2) Cr.PC, entitling him to grant of
bail on merits. Therefore, applicant/accused Muhammad
Umar Sheeraz son of Shahid
Nawaz is admitted to post arrest bail, subject to furnishing solvent surety in
the sum of Rs.200,000/- (Rupees Two Hundred Thousand Only) and P.R. bond in the like amount
to the satisfaction of the trial Court.
7. Needless to say, that the above observations are tentative
in nature, and shall not prejudice the case of either party at trial.
8.
Instant criminal bail application stands disposed of in the above terms.
J U D G E
Gulsher/PS