IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail
Application No.1160 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
21.05.2025
Applicant Muhammad Iqbal in person
Ms. Seema Zaidi, Additional Prosecutor General Sindh
SIP Muhammad Aslam
of PS Steel Town
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M. Zahid Hussain Soomro,
advocate, files Vakalatnama on behalf of complainant, which is taken on record.
2. Applicant/accused
Muhammad Iqbal son of Haji Haroon,
seeks pre-arrest bail in FIR No.177/2025 registered at P.S. Steel Town, Karachi
for offence under section 489-F, PPC, after rejection of his bail plea by
learned Additional Sessions Judge-VIII, Malir Karachi
vide order dated 03.05.2025.
3. Brief
facts of the case are that applicant/accused purchased Plots Nos.C-359, A-9 and D-252, situated at Gulistan-e-Faisal Society, Karachi for a total sale
consideration of Rs.6,000,000/-,he paid Rs.400,000/- to complainant and for
rest sale consideration handed over him Cheque
No.00911032, drawn UBL Bank Malir Cantt.
Branch, which on presentation to the Bank was dishonoured, hence the subject FIR under section 489-F,
PPC.
4. Applicant
is preset but his counsel is called absent. Applicant submits that his cheque was stolen and a false FIR has been registered by
complainant; that alleged offence does not fall within the prohibitory clause
of section 497, Cr.PC. He finally requests that his
pre-arrest bail may be confirmed on the same terms and conditions.
5. On the
other hand, learned Additional Prosecutor General Sindh, assisted by learned
counsel for complainant, opposed for grant of bail and submits that applicant
is a habitual offender as he is involved in two other like nature cases and in
all he is involved in four other criminal cases.
6. Heard
learned counsel for applicant, learned Additional Prosecutor General Sindh,
learned counsel for complainant and perused the material available on record.
7. It is well settled that at bail stage deeper appreciation is
not permissible under the law but as far as the evidence which is on the
surface of record of this case shows that applicant is, prima facie, connected
with the alleged offence. The
person seeking bail is duty-bound to establish and prove mala fide on the part
of complainant. The bail before arrest is meant to protect innocent citizens
who have been involved in heinous offence with mala intentions and ulterior
motives, which are lacking in the instant case. Reliance is placed on the cases
reported as 2020 SCMR 249 (Gulshan Ali Solangi versus State),
2022 SCMR 750 (Ghulam
Qadir versus State) 2020 SCMR 313 (Bilal Hussain
(deceased) versus President, National Bank of Pakistan) 2019 SCMR 1129 (Rana Abdul Khaliq vs. The State).
8. A
huge amount is involved in the instant case. The plea taken by the
applicant/accused that his cheque has been stolen is
his defence plea, which cannot be considered at this
stage as only tentative assessment is to be made. From tentative assessment of
material available on record, it appears that the applicant has failed to make
out a case for grant of pre-arrest bail. Accordingly, the instant bail
application is dismissed and interim
pre-arrest already granted to applicant vide order dated 08.05.2025 is hereby recalled. Applicant/accused is directed
to surrender before learned trial Court and the learned trial Court is directed
to decide his case on merits in accordance with law.
9. Needless
to mention here that observations made hereinabove are tentative in nature and
the same would not prejudice the case of either party at trial.
J
U D G E
Gulsher/PS