MOIZ NASEEM Versus State

ORDER

1. AFTAB AHMED GORAR, J.--- The applicant Moiz Naseem son of Naseem Ahmed is facing trial in crime No. 161/2014 under section 489-F, P.P.C. He attempt to obtain Bail Before Arrest from the trial court which was dismissed and thereafter he approached this court and he is on interim bail since 12.05.2014.

2. I have heard counsel for the applicant and prosecutor as well as counsel for the complainant at length.

3. Learned counsel for the applicant contended that there is civil litigation pending between the applicant and complainant on several business transactions and these cheques were issued as security and not for encashment. Learned counsel for the complainant contended that they have issued cheque of over one crore rupees and the cheque of Rs. 20,00,000/- has been dishonored. He has further contended that appellants have already obtained interim order against some of the dishonored cheques. It is question of further inquiry that under what circumstances this cheque was issued. Even otherwise the offence under section 489-F, P.P.C. is punishable for a maximum period of imprisonment for three year or fine or both and does not fall within the prohibitory clause of section 497, Cr.P.C. Therefore, the bail of the applicant is confirmed subject to furnishing solvent surety equivalent to the amount mentioned in the FIR regarding dishonored cheque. In FIR No. 161/2014 a cheque of Meezan Bank, Boat Basin Branch, Karachi for a sum of Rs. 20,00,000/- was dishonored on 19.11.2013. Therefore, subject to furnishing surety in the sum of Rs. 20,00,000/- and personal bond within 10 days this bail before arrest is confirmed. However, in case the applicant failed to submit surety within 10 days, his bail shall be deem to have been dismissed and further time shall not be granted for furnishing surety. Thereafter he may either surrender before the police or apply for the bail after arrest.

4. MQ/M-23/Sindh Bail confirmed.