Muhammad Shahid Versus State

Order

Muhammad Saleem Jessar, J .--- Through instant bail application, applicant Muhammad Shahid son of Muhammad Ramzan seeks his admission on pre- arrest bail in Crime No. 153/2021 registered with Police Station KIA Karachi under section 489-F P.P.C.. The applicant has approached court of Sessions for anticipatory bail vide Crl. Bail Application No. 2729 of 2023 however, it was assigned to learned 1st Additional Sessions Judge/MCTC Karachi-Central, who after hearing the parties has declined the request vide order dated 30.10.2023. Hence this application.

2. Record shows that vide order dated 07.11.2023 applicant was admitted to ad-interim pre-arrest bail and today the same is fixed for confirmation of said order or otherwise.

3. At the very outset, applicant submits that the complainant is not appearing before the trial court, hence case is no proceeding there. He further submits that the conduct of complainant before this court is also similar as before trial court hence prayed that by considering above facts, this application may be allowed and interim pre arrest bail granted earlier to him may be confirmed.

4. Learned Additional Prosecutor General, Sindh could not controvert the above submission of applicant. Learned Addl. P.G after going through the FIR as well as record submits that alleged cheque issued by the accused was for Rs.128,000/- which is meager one.

5. Heard arguments and perused the record. Record reveals that vide order dated 06.08.2024 progress report was called from the trial court ie. VIth Civil Judge and Judicial Magistrate Karachi-Central, which has been submitted vide report No. CJ /J.M.VI-No.98 of 2024 dated 12.08.2024 which reflects that complainant is not appearing before the trial court. Such report regarding conduct of complainant confirms the submission of applicant. It may not be out of place to mention here that the object of bail is neither punitive nor preventive and therefore, deprivation of liberty must be considered a punishment, unless it may be required to ensure the presence of accused during trial. The punishment begins after conviction and not before it, as in criminal justice system every man is deemed to be innocent until duly found guilty. It needs not to re-emphasize that the purpose of putting the un-convicted persons in custody is nothing but to secure their attendance at the trial. Even otherwise, life and liberty of a citizen is very precious and guaranteed by Article 4 of the Constitution of Islamic Republic of Pakistan, 1973, as has been observed by the Hon'able Supreme Court of Pakistan in the case of Muhammad Ismail v. Muhammad Rafique and another (PLD 1989 SC 585). It appears that the disputed amount as per alleged cheque between the parties is Rs.128,000/- which is meager one. Hence, it is yet to be determined by the trial court whether an offence under section 489-F, P.P.C. is constituted or otherwise. Indeed, the alleged offense is punishable by up to 03 years which does not fall within the ambit of restraining clause of Section 497, Cr.P.C. Moreover, per report submitted by the trial court, after completion of the investigation, a challan has been submitted, and learned trial Court is seized of the matter and it is informed that the applicant is regularly appearing before the learned trial Court and facing their trial. Neither applicant has misused the concession of bail nor frustrated the trial on any pretext rather complainant is not appearing before the trial court, hence refusal of bail at this stage would not serve any useful purpose, but there is serious apprehension of humiliation and harassment of the applicant at the hands of police. The conduct of complainant in attending this court as well as trial court shows that he is only interested to linger on the proceedings to drag the applicant in these proceedings.

6. Keeping in view the above facts and circumstances of the case, instant application is allowed. Consequently, interim pre-arrest bail granted earlier to the applicant vide order dated 07.11.2023 is hereby confirmed on same terms and conditions.

7. The applicant shall continue his appearance before the trial court till final decision of the main case. The trial court is directed to expedite the trial and conclude it within shortest possible time under intimation to this court through MIT-II. Let copy of this order be facsimiled to learned Session Judge Karachi-South for compliance. Learned MIT-II to ensure compliance.

SA/M-80/Sindh Bail confirmed.