1. ' ZIA PERWEZ, J.--- Applicant, Muhammad Waeil Ayoubi is facing trial for the offence under section 489-F, P.P.C. Vide F.I.R. No,195 of 2006, Police Station Boat Basin, Karachi, seeks bail.
2. ' Brief facts of the prosecution case are that one Muhammad Aslam son of Haji Jalal Ahmed has business of export of fish to the applicant. The applicant issued cheques to said Muhammad Aslam bearing Cheque No,0485357, Bank Al-Falah ' Clifton, Cheque No,0485358, dated 27-12-2005 of Rs,4,34,335, Rs,10,00,000, dated 27-12-2005 total Rs,16,34,335 and Cheque No,0485359 of Rs,2,00,000.
3. Except the above amount for supply of fish, there is also remaining amount i.e. Rs,8,53,350 Cheque No,0485357/58 were returned from the Bank with remarks not arranged.
4. ' Heard learned counsel for the applicant. The contention :of Mr. Raza. Hashmi, learned counsel-for the applicant is that the applicant and respondent are involved in several transactions including amongst other business of export of fish. He has placed on record the rent agreement showing that the applicant is also tenant of the complainant. In an other complaint, the applicant who is foreign national, has also been placed against one Muhammad Aslam who stated to have conspired with one Muhammad Afzal involving the applicant into a business and deprived him of substantial rights. He has relied upon the cases of Muhammad Akbar v. The State, 2005 PCr.LJ 677, Wazir Ali v.
5. The State 2004 YLR 1997 and Muhammad Mukhtiar v. Sajjad Hussain and 2 others 2004 YLR 2227 and two unreported cases of Muhammad Abid v. The State vide order, dated 26-2-2007 passed in Criminal Bail No,172 of 2007, order, dated 15-9-2003 passed in Criminal Bail No,894 of 2003.
6. ' Mr. Haji Abdul Majeed, learned State counsel, has, no objection to the grant, of bail.
7. Perusal of documents available on record in light of the arguments advanced by the learned counsel shows that there is business relationship between the .Parties in addition to other deals, execution of power of attorney in favour of Afzal against whom complaints for embezzlement of amount have been lodged by the applicant before the various authorities. The applicant is a foreign national and claims to have been deprived of his business funds fraudulently and has been made a victim. The maximum punishment for the offence is three years and the applicant has been in confinement for a considerable period. Bail has been granted in cases involving accounts between the parties. The cases of Muhammad Akbar v. The State 2005 PCr.LJ 677, Wazir Ali v. The State 2004 YLR 1997, Muhammad Mukhtar v. Sajjad Hussain and 2 others 2004 YLR 2227 and two unreported cases of Muhammad Abid v. The State vide order dated 26-2-2007 passed in Criminal Bail No,172 of 2007, order, dated 15-9-2003 passed in Criminal Bail No,894 of 2003, cited by Mr. Raza Hashmi are also attracted to the present application.
8. Applicant has already remanded in custody. The offence for which the applicant has been booked does not fall under the prohibitory clause of section 497, Cr.P.C. And a good prima facie case is made out in favour of the applicant.
9. ' For the foregoing reasons, the applicant is admitted to bail subject to his furnishing solvent surety in the sum of Rs,2,00,000 and P.R. Bond in the like amount to the satisfaction of learned trial Court.