MITHAL KHAN Versus State

ORDER

KHADIM HUSSAIN M. SHAIKH, J. ---By means of this criminal bail application, the applicant/accused Mithal Khan son of Noor Muhammad Dasti Baloch has sought for pre-arrest bail in case emanating from FIR No. 68 of 2019, registered at Police Station Market, Larkana, for the offence under section 489-F, P.P.C., after his plea for anticipatory bail has been declined by the learned Sessions Judge, Larkana, by dismissing his bail application vide order dated 11.09.2019.

2. Learned advocate for the applicant has mainly contended that applicant Mithal Khan has been falsely implicated by the complainant in the subject with mala fide intention due to their previous hostility over business transaction; that there is inordinate delay of more than five months in lodgment of the FIR without proper explanation thereof; that the offence with which the applicant has been charged does not fall within the prohibitory clause of section 497, Cr.P.C.; that the applicant apprehends his arrest with ulterior motives at the hands of police at the behest of the complainant, who is bent upon to see him behind the bars; and, that the applicant has joined the trial and is regularly attending the trial court. The learned counsel prays that interim pre-arrest bail earlier granted to the applicant may be confirmed.

3. Learned D.P.G. endorsing the contentions of learned counsel for the appellant has frankly conceded to the confirmation of interim pre-arrest bail earlier granted to the applicant, contending further that co-accused Shoukat, who was similarly charged, was found innocent during the investigation and his name was placed in column No.2 of the challan.

4. I have considered the submissions of learned counsel for the applicant, learned D.P.G. and have gone through the police file with the assistance of the learned D.P.G.

5. From a perusal of the record it would be seen that cheque dated 01.02.2019, was dishonoured on 11.02.2019 and whereas the FIR was lodged on 21.08.2019 without any explanation having been offered by the prosecution for such an inordinate delay in lodgement of the FIR; co-accused Shoukat, who had issued similar cheque, which was dishonoured on 05.03.2019, was found innocent during the investigation and consequently his name was placed in column No.2 of the challan; the offence with which the applicant is charged does not fall within the prohibitory clause of section 497, Cr.P.C.; the applicant has since joined the trial and there is no complaint against the applicant of his having misused the concession of bail. Under these circumstances of the case, the possibility of false implication of applicant Mithal Khan in this case cannot be ruled out. In such view of the matter, the applicant has made out his case for grant of anticipatory bail. Accordingly, the bail application is allowed and ad-interim pre-arrest bail earlier granted to applicant Mithal Khan son of Noor Muhammad Dasti Baloch, vide order dated 24.09.2019, is hereby confirmed on the same terms and conditions.

ADN/M-14/Sindh Pre-arrest bail confirmed.