MUHAMMAD ZUBAIR Versus State

ORDER

1. NAIMATULLAH PHULPOTO, J.--- Applicant/accused Muhammad Zubair seeks pre-arrest bail in Crime No. 63/2013, registered at P.S. Soldier Bazar, Karachi East under section 489-F, P.P.C.

2. Brief facts of the prosecution case as disclosed in the FIR are that complainant Mst. Shahida Aziz lodged FIR No.63/2013 on 25.02.2013 at P.S. Soldier Bazar alleging therein that applicant/accused had issued Cheque bearing Nos.55413982 dated 28.01.2013 of Habib Metropolitan Bank Limited in her favour in the sum of Rs.2,500,000/- regarding business. It is stated that complainant approached concerned bank. The cheque was dishonoured on account of insufficient funds. Thereafter, complainant approached concerned S.H.O. but her FIR was not lodged. After that she sought directions from learned Sessions Judge Karachi East and FIR was lodged by S.H.O. P.S. Soldier Bazar vide FIR No.63/2013 under section 489-F, P.P.C.

3. After usual investigation challan was submitted against the applicant/ accused. It appears that applicant/accused approached learned Sessions Judge Karachi East for pre-arrest bail but application was declined by learned II Additional Sessions Judge Karachi East by order dated 21.03.2013. Thereafter, the applicant/ accused approached this Court for similar relief.

4. Interim pre-arrest bail was granted to applicant/accused by this Court on 03.09.2013. Thereafter, applicant/accused is appearing before this Court on each and every date of hearing.

5. Mr. Zafar Iqbal, learned advocate for applicant/accused, argued that case has proceeded before learned Ist Judicial Magistrate Karachi East and evidence of complainant Mst. Shahida Aziz and PW Muhammad Saeed has been recorded. It is contended that FIR has been lodged by the complainant with ulterior motive as there was dispute between the accused and husband of the complainant over business. It is contended that alleged offence does not fall within the prohibitory clause of section 497, Cr.P.C. In support of his contentions he relied upon the case of Safdar Hussain v. The State (2005 YLR 160 [Lahore]).

6. Mr. Abrar Ali Khichi, learned Assistant Prosecutor General Sindh, argued that applicant/accused Muhammad Zubair had issued cheque and that has been dishonoured. He further argued that Manager in his note has mentioned that signature of the applicant/accused did not tally with his original signatures. Learned A.P.G. opposed the bail application.

7. I am inclined to confirm interim pre-arrest bail already granted to the applicant/accused Muhammad Zubair for the reasons that interim pre-arrest bail has been granted to the applicant/accused by this Court on 03.09.2013, thereafter, applicant/accused appears before this Court on each and every date of hearing so also before the trial Court. Case has also proceeded before the trial Court. Evidence of complainant Mst. Shahida Aziz and PW Muhammad Saeed have been recorded. Photostat copy of evidence of complainant Shahida Aziz has been placed on record. It is contended that there was dispute in between the applicant/accused and husband of the complainant. Serious mala fides on the part of the complainant and police have been alleged Investigation is complete, alleged offence does not fall within the prohibitory clause of 497 Cr.P.C. Question regarding applicability of provisions of section 489-F, P.P.C. called for further probe. Rightly reliance is placed upon above cited authority. Case for grant of pre-arrest bail to the applicant/accused is made out. Consequently, interim pre-arrest bail already granted to applicant/accused Muhammad Zubair is confirmed on the same terms and conditions.

8. HBT/M-80/Sindh Bail confirmed.