Imran Khan Brohi vs State Ss — 2025 MLD 607 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 607 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Imran Khan Brohi vs State Ss
Subject matter: Criminal
Provisions referred to: S. 489-F---D; S. 497; Penal Code (XLV of 1898)

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

Imran Khan Brohi VS State Ss. 498 & 497(2)---Penal Code (XLV of 1898), S. 489-F---Dishonestly issuing a cheque---Pre-arrest bail, confirmation of---Further inquiry---Accused-petitioners were charged for issuing cheques dishonestly, which were dishonoured when presented before the concerned bank---No doubt the applicants were nominated in the FIR; however, it was registered with an inordinate delay of about 47 days, for which no plausible explanation had been furnished by the prosecution---Delay in criminal cases was always deprecated by the superior Courts---As far as the amount in question was concerned, the applicants had placed on record number of documents through statements, which on perusal revealed that the parties had strained relations over some business transactions; hence, had disputed the claim of each other---In view of earlier litigation between parties, the element of mala fide on the part of complainant could not be ruled out---Hence, the basic ingredients for grant of pre-arrest bail were very much attracted and applicable to the case---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 applicants required further enquiry within the meaning of subsection(2) to S.497, Cr.P.C.---Consequently, bail application was allowed and interim pre-arrest bail granted to the applicants earlier was confirmed, in circumstances.

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