IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.192 of 2026
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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10.03.2026
Ms. Jenipher Stephen Johnson, advocate
for applicant
Mr. Sharafuddin Kanhar, A.P.G. &
Ms. Rukhsana Qassim Mirjat, ADPP
IO/SIP Mir Muhammad & SIP ILlahi
Bux of PS Gulshan-e-Iqbal, Karachi
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Applicant/accused
Akash son of Yousuf seeks pre-arrest bail in FIR No.537/2022, registered at
P.S. Gulshan-e-Iqbal, Karachi, for offence under section 489-F, PPC, after
dismissal of his bail plea by learned Additional Sessions Judge-IV Karachi East
vide order dated 19.01.2026.
It
is alleged in FIR that applicant has issued cheque to the complainant of
Rs.60,000/- and same was dishonoured, hence the subject FIR.
Learned
counsel for applicant submits that applicant/accused is innocent and he has
been falsely implicated in this case; that in fact grievance of the complainant
is against Joseph, who has cheated him; that the applicant/accused has nothing
to do with the complainant and his cheque has been misused by Joseph; that he
was not willful absconder; 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.
Notice
issued to the complainant is returned served but the IO present in Court
submits that complainant intentionally has not appeared.
Learned
A.P.G. formally opposed for grant of bail on the ground that applicant is
nominated in the FIR.
Heard learned counsel for applicant,
learned A.P.G. and perused the material available on record.
From
tentative assessment of the material available on record it appears that there
is dispute between the complainant and Joseph who allegedly cheated him and in
order to compensate the complainant Joseph has given cheque of present
applicant of Rs.60,000/-, which was dishonoured on presentation in the Bank. Furthermore, offence with which the applicant stands
charged fall within the 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 21.01.2026 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