ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.704 of 2025

DATE

ORDER WITH SIGNATUREs OF JUDGEs

 

For hearing of bail application

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15.04.2025

            Ms. Neelam Javed Arain, advocate for applicant

            Ms. Rubina Qadir, D.P.G.

            Mr. Ahrar Jawaid Bhutto, advocate for complainant

            IO/SIP Muhammad Bashir

            -------------------------------------------

           

            Applicant Muhammad Asim son of Muhammad Younus seeks post arrest bail in FIR No.406/2024, 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 vide order dated 18.02.2025.

 

2.         Facts of case are that complainant Muhammad Adnan is employed in a private company, which extended credit funds to applicant/accused Muhammad Asim through Swatch Retailer App., who is operating Sharija Communication, with an agreement to repay the credited amount. Credit limit of applicant was extended upto Rs.4,000,000/-, who later on failed to repay the credited amount. However, in order to settle his outstanding liability, he issued Cheque No.00147240 dated August 5, 2024 which, on presentation, was dishonoured, hence the subject FIR.

 

3.         Learned counsel for applicant contended that the applicant is innocent and he has been falsely roped in this case against the actual facts and circumstances; that the FIR has been lodged by unauthorized person; that the F.I.R is delayed for more than 2 months; that the alleged offence does 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 added that complainant was duly authorized to lodge the subject FIR against the applicant. He further added that two other FIRs under section 489-F, PPC are also registered against the petitioner and lastly prayed for dismissal of instant bail application.

 

5.         I have heard the arguments advanced by the learned counsel for parties and perused the material available on the record.

 6         Admittedly, there is delay of more than two months in registration of F.I.R without furnishing any plausible explanation. The cheque in question is alleged to have been issued by the applicant to the Company and not to the complainant. The question whether the cheque was issued towards fulfillment of an obligation within the meaning of Section 489-F, PPC is a question which would be resolved by the learned trial Court after recording evidence. Applicant/accused is behind bars since his arrest.  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. It is settled law that grant of bail in the offences not falling within the prohibitory clause is a rule and refusal is an exception. Reliance is placed on the case of Tariq Bashir vs. The State (PLD 1995 Supreme Court 34).

 

7.         So far as the argument of learned counsel for complainant that other cases of similar nature have also been registered against the applicant is concerned, mere registration of criminal cases against an accused does not disentitle him for grant of bail if, on merits, if he has a prima facie case for grant of bail. Reliance is placed on the case of Nazir AHmed alias Bhaga vs. the State (2022 SCMR 1467).

 

8.           In view of the above stated facts and circumstances, I am of the view that the case of applicant/accused squarely falls within the ambit of Section 497(2), Cr.PC, entitling for further inquiry into his guilt. Therefore, applicant/accused Muhammad Asim son of Muhammad Yousus is admitted to post arrest bail, subject to his 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.

 

9.         Needless to say, that the above observations are tentative in nature, and shall not prejudice the case of either party at trial.

 

10.       Instant criminal bail application stands disposed of in the above terms.

 

                                                                                                      J U D G E

 

Gulsher/PS