Ali Shah vs State S — 2026 MLD 629 KARACHI-HIGH-COURT-SINDH

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Ali Shah VS State S. 498---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Ad-interim pre-arrest bail, confirmation of---Allegation against the applicant was that he issued four cheques in lieu of payment for a vehicle purchased from the complainant, which cheques were dishonoured upon presentation---Circumstances of the case revealed that the FIR was registered after a considerable delay of more than three years without any plausible explanation---Such an unusual delay casted doubt on the veracity of the prosecution story and warranted further inquiry into the genuineness of the transaction as well as the actual liability of the applicant in terms of S.497(2), Cr.P.C.---Since the alleged offence did not fall within the prohibitory clause of S.497(1), Cr.P.C., the applicant had made out a case for confirmation of bail---Principle that bail is arule and jail is an exception must also be kept in view, especially where the prosecution's own case suffered from delay and material deficiencies---The matter essentially had arisen out of a business transaction between the parties relating to the sale of a vehicle, thereby giving the case a strong color of civil dispute---Complainant had not placed on record any sale agreement, transfer documents or other supporting evidence to substantiate the transaction beyond the narration of the FIR---Such missing elements raised serious doubts which could not be ignored at this stage---Furthermore, the applicant was not a habitual offender nor he had any previous criminal record---Police raided the house of applicant and the apprehension of arrest further justified the applicant's plea that he was being subjected to undue harassment---On the tentative assessment, a case for grant of pre-arrest bail was made under S.498, Cr.P.C---Petition was allowed and ad-interim pre-arrest bail already allowed to the petitioner was confirmed, in circumstances.

Ali Shah vs State S — 2026 MLD 629 KARACHI-HIGH-COURT-SINDH

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