Kabeer Ahmed Brohi vs State Ss — 2025 MLD 364 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 364 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Kabeer Ahmed Brohi vs State Ss
Subject matter: Criminal
Provisions referred to: S. 489-F---D; S. 497; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Kabeer Ahmed Brohi VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Pre-arrest bail, confirmation of---Further inquiry---Delay in lodging the FIR---No doubt the applicant was nominated in the FIR; however, it was registered with an inordinate delay of about 01 months and 23 days, for which no plausible explanation had been furnished by the prosecution---Delay in criminal cases was always been deprecated---As far as the amount in question was concerned, the applicant had placed on record number of documents through his statement, which on perusal revealed that the parties had strained relations over a business transactions; hence, thus disputed the claim of each other---In view of earlier litigation between them, the element of mala fide on the part of complainant could not be ruled out---Moreover, there were disputed facts which were to be thrashed out by the Trial Court after recording pro and contra evidence of the parties at trial---Hence, the case against the applicant required further enquiry within the meaning of subsection (2) to S.497, Cr.P.C.---Consequently, bail application was allowed and the interim pre-arrest bail granted to the applicant earlier was confirmed, in circumstances. Citation Name: 2025 MLD 364 KARACHI-HIGH-COURT-SINDHBookmark this Case Kabeer Ahmed Brohi VS State Ss. 497 & 498---Bail---Tentative assessment---Scope---Observations made in a bail order are tentative in nature, which should not influence the Trial Court, in any manner, while conducting trial of the case.

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