IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.742 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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07.05.2025
Mr. Saathi
M. Ishaque, advocate for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
Mr. Imran Khan, advocate for
complainant
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Umair Warsi son of Khalil Warsi seeks pre-arrest bail in FIR No.101/2025, registered at
P.S. Jamshed Quarters, East Karachi for offence
under section 489-F, PPC, after rejection of his bail plea by learned Additional
Sessions Judge-X, Karachi East vide order dated 18.03.2025.
2. Brief
facts of the case are that applicant issued a cheque
of Rs.77,00,000/- to complainant on account of profit regarding investment made
by the complainant in the applicant’s, which, on presentation to concerned Bank,
was dishonoured for want of funds, hence the subject
FIR.
3. Learned
counsel for applicant submits that applicant is innocent and he has been
falsely implicated in this case due to mala fide intentions and ulterior
motives; that in fact dishonoured cheque
has not been issued by applicant and the said account is operating by his son,
which has taken by complainant party by force, otherwise he has nothing to do
with the complainant. He finally prayed for grant of bail.
4. On the
other hand, learned Additional Prosecutor General Sindh, assisted by counsel
for complainant, has opposed the bail to the applicant on the ground that huge
amount is involved in this case; that applicant was admitted to interim
pre-arrest bail on 21.03.2025, counsel for complainant has placed on record
copies of case diaries, which shows that applicant did not appear before
learned trial Court till 0205.2025 and has misused the concession of bail.
5. Heard
learned counsel for applicant, Additional Prosecutor General Sindh, counsel for
complainant and perused the material available on record.
6. It is
matter of record that applicant has been admitted to interim pre-arrest bail by
this Court vide order dated 21.03.2025, whereby he has been specifically
directed to join the trial. Counsel for complainant has placed on record case
diaries, which reflects that the applicant did not surrender before learned
trial Court till 02.05.2025, which is primary responsibility of applicant to
appear before learned trial Court after grant of interim pre-arrest bail. This
alone ground is sufficient to recall the interim pre-arrest bail as he has
misused the concession of bail. Even otherwise, counsel for applicant has
failed to make out for grant of pre-arrest
bail on the point of mala fide, which is an essential requirement for grant of
pre-arrest bail. The requirement for grant of pre-arrest bail is settled by the
apex Court where applicant has to prove his case on the point of mala fide for
his false implication in the case, which he failed to. No case for grant of
extra-ordinary concession of pre-arrest bail has been made out, which is meant
to protect innocent persons from humiliation and arrest. Reliance is placed on the cases of Mukhtar Ahmed versus the State (2016 SCMR 2064) and Gulshan Ali Solangi and Others
versus the State through P.G. Sindh (2020 SCMR 2064). Interim pre-arrest bail granted to applicant by this
Court vide order dated 21.03.2025 is hereby recalled and the instant criminal
bail application is dismissed.
However, applicant would be at liberty to file post-arrest bail application
before learned trial Court, which shall be decided by the trial Court concerned
on its own merits, without being prejudiced by the observations made herein,
which are tentative in nature.
7. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS