IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.101 of 2026
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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19.02.2026
Mr. Sahibzada, advocate for
applicant
Mr. Sharafuddin Kanhar, A.P.G. &
Ms. Rukhsana Qassim Mirjat, ADPP
IO/SIP Nadeem Babar of PS Clifton,
Karachi
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Applicant/accused
Haq Nawaz son of Sultan Mehmood seeks pre-arrest bail in FIR No.48/2017,
registered at P.S. Clifton, Karachi for offence under section 489-F, PPC, after
dismissal of his bail plea by learned Additional Sessions Judge-XI South, Karachi
vide order dated 07.01.2026.
It
is alleged in FIR that present applicant, who works as a contractor, had to pay
Rs.500,000/- to complainant on account of supply of food on different
occasions, which he failed to and had handed over two cheques Nos.10342825 and
10342824, of Rs.100,000/- and Rs.132,000/- respectively, which upon
presentation were dishonoured, hence the subject FIR.
Learned
counsel for applicant submits that there is delay of three months in lodgment
of FIR without plausible explanation; that alleged cheques were dishonoured on
29.11.2016 and FIR of the incident was lodged on 27.02.2017 with a delay of
three months; that there is business transaction between the parties and
ingredients of Section 489-F, PPC are not attracted in the present case; that
applicant has settled the disputed amount with the brother of the complainant
and had paid all due amount; that he has also paid mark up on principal amount;
that alleged offence does not come within the ambit of prohibitory clause of
Section 497, Cr.PC and the case of the applicant/accused requires further
inquiry in terms of Section 497(2), Cr.PC, hence prayed for grant of bail.
Complainant
is present and relied upon learned A.P.G. However, he admits that there was
settlement between applicant and brother of complainant
Learned
A.P.G. opposed for grant of bail on the ground that applicant remained fugitive
of law, therefore, he is not entitled for grant of pre-arrest bail.
Heard learned counsel for applicant,
learned A.P.G., complainant and perused the material available on record.
Admittedly,
the incident as is evident from FIR is taken place on 29.11.2016 whereas report
thereof was lodged on 27.02.2017, after a delay of three months and, that too,
without furnishing any plausible explanation. Hon’ble apex Court in number of
cases held delay in lodgment of FIR to be fatal for prosecution case. The
applicant has taken plea that in fact there was business between him and
brother of the complainant and after his arrest the issue was settled between
the parties and he was released from the police custody but the IO had mala
fidely submitted challan against the applicant by showing him as absconder. In
the case of Mitho Pitafi versus the State (2009 SCMR 299) the apex Court has
held that mere abscondence shall not come in the way of grant of bail if the
accused has a good case on merits. Furthermore, offences with which the applicant
stands charged fall within non-prohibitory clause of Section 497 Cr.PC. Prima
facie, mere issuance of cheque which is subsequently dishonoured does not
constitute an offence under Section 489-F, PPC, unless it is proved that the
same was issued with dishonest intention for payment of loan or discharging of
any obligation; all ingredients are required to be proved at trial. Reliance in
this behalf may well be made to the case of Nazir AHmed alias Bhaga v. The
State and others (2022 SCMR 1467). 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, interim
pre-arrest granted to applicant/accused above named by this Court vide order
dated 15.01.2026 is confirmed on the same terms and conditions.
Needless to say, that the above observations are
tentative in nature, and shall not prejudice the case of either party at trial.
Instant criminal bail application stands
disposed of in the above terms.
J U D G E
Gulsher/PS