Imran Ahmed vs The State
This matter concerns an application for the confirmation of ad-interim pre-arrest bail in a case arising out of the dishonour of a cheque. The applicant had allegedly issued three cheques totalling Rs.8,100,000/- to the complainant in respect of a single property transaction. Upon dishonour of the cheques, the complainant lodged separate FIRs at different times for each cheque instead of registering a single case, despite the underlying transaction and cause of action being the same. Furthermore, the applicant had already been arrested and granted post-arrest bail in one of the related FIRs, while a civil suit between the parties regarding the same cause of action remained pending. The High Court observed that registering multiple separate FIRs after a hiatus for cheques arising from the same transaction demonstrated mala fide on the part of the complainant. Applying the principle that pre-arrest bail should not be refused merely to subject an accused to incarceration when post-arrest bail would inevitably follow, the High Court confirmed the ad-interim pre-arrest bail.
- Whether separate FIRs can be registered for multiple dishonoured cheques arising out of a single underlying transaction?
- Does the registration of successive FIRs at intervals for individual cheques from the same transaction indicate mala fide on the part of the complainant?
- Can pre-arrest bail be confirmed when the applicant has already been granted post-arrest bail in a related FIR originating from the same cause of action?
ORDER
M UHAM M AD IQBAL KALHORO, J. Allegedly on account of some transaction on a Plot No.R-503, Sector 31/C-2, KDA Employees Society, Karachi, applicant gave three cheques of Rs.2,700,000/- each total Rs.8,100,000/- to the complainant. Subsequently, the transaction did not stand and three cheques issued by applicant to the complainant for the amount he owed to him, presented in the bank were dishonored, he registered present FIR against the applicant but only in respect of one dishonoured cheque.
2. Subsequently, complainant also registered FIR No.97/2024 at P.S. Korangi in respect of another cheque of Rs. 2,700,000/- in which applicant was arrested and after 27 days he was granted bail. It is reported that a civil suit between the parties on the same cause of action is also pending. Three cheques given by the applicant to the complainant were in respect of one and the same transaction. When applicant was arrested in one case, a part of the present case, and granted bail, the same principle would be applicable here. For it is not scheme of law to send a person to jail by dismissing his pre-arrest bail application and then grant him post arrest bail.
3. These arguments have been submitted by learned counsel in defence, opposed by learned counsel for complainant and learned Addl: PG Sindh. However, it is apparent that complainant Instead of registering one FIR in respect of 411 dishonored cheques has chosen to register separate FIRs in respect of each cheque against the applicant after a few months hiatus. This action of the complainant appears to be tainted with mala fide. Accordingly, this application is allowed and ad- interim-pre-arrest-bail granted to the applicant vide order dated 08.01.2024 is confirmed on same terms and conditions.