Citation Name: 2025 YLR 617 KARACHI-HIGH-COURT-SINDHBookmark this Case Imran Khan Brohi vs State Ss — 2025 YLR 617 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 617 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 617 KARACHI-HIGH-COURT-SINDHBookmark this Case Imran Khan 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 617 KARACHI-HIGH-COURT-SINDHBookmark this Case Imran Khan 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---Accused-petitioner was charged for issuing cheques dishonestly, which were dishonoured when presented before the concerned bank---No doubt the applicant was nominated in the FIR; however, it was registered with an inordinate delay of more than five months, for which no plausible explanation had been furnished by the prosecution---Delay in criminal cases had always been 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 a business transaction; hence, they 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 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---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 applicant earlier was confirmed.

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