Citation Name: 2025 YLR 1364 KARACHI-HIGH-COURT-SINDHBookmark this Case Kabeer Ahmed Brohi vs State Ss — 2025 YLR 1364 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 1364 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 1364 KARACHI-HIGH-COURT-SINDHBookmark this Case 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

Citation Name: 2025 YLR 1364 KARACHI-HIGH-COURT-SINDHBookmark this Case Kabeer Ahmed Brohi VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), S. 489-F---Dishonoring of cheque---Ad-interim pre-arrest bail, confirmation of---Further inquiry---Applicant was nominated in the FIR however, it was registered with an inordinate delay of about 45 days, for which no plausible explanation has been furnished by the prosecution---Delay in criminal cases had 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 business transactions hence, 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 present 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; thus, 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, in circumstances and interim pre-arrest bail was confirmed.

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