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2007 P Cr. L J 1824

MUHAMMAD SHOAIB ANWAR vs THE STATE

Citation2007 P Cr. L J 1824
CourtSindh High Court
Case No.Criminal Bail Application No,367 of 2007
Date2007-08-21
Judge(s)Qaiser Iqbal
ResultBail granted

ORDER

1. ' MRS. QAISAR IQBAL, J.--- Applicant Muhammad Shoaib Anwar son of Syed Anwar Hussain has applied for bail in Crime No,11 of 2007 under section 489-F, P.P.C. Registered at Police Station Joherabad, Karachi.

2. ' Precisely the facts leading io the case are that complainant Mirza Shahzad All lodged report that applicant has borrowed Rs,4,00,000 from him and had agreed to pay on 12th July, 2006. On instance of the complainant cheque drawn on Soneri Bank Hassan Mansion F.B. Area Branch in the sum of Rs,4,00,000 was issued which was presented to bank and was dishonoured for want of cash.

3. ' Mr. Saleem Hussain Shah learned counsel for applicant has contended that the applicant has been involved in the charged offence due to civil liability arising out of lending of loan by the complainant. He was arrested on 21-2-2007 connected in the commission of the charged offence.

4. The charge-sheet has been submitted and the case has been set on trial.

5. ' Mr. Fazlur Rehman Awan learned State Counsel has conceded to the above facts and contended that the offence with which the applicant is charged does not fall within the prohibitory clause contained in section 497, Cr.P.C.

6. Having considered the facts and circumstances of the case more particularly when the challan has been submitted, the applicant is not required for further inquiry by the Investigating Agency.

7. From the contents of First Information Report, case of bail is made out. I hereby extend the concession of bail to the applicant as his case comes within the ambit of further inquiry contained in subsection (2) of section 497, Cr.P.C.

8. ' The applicant is admitted to bail subject to furnishing solvent surety in the sum of Rs,50,000 (Rupees fifty thousand only) and P.R. Bond in the like amount to the satisfaction of the trial Court.

Cited by 2 cases

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