1. ' ANWAR ZAHEER JAMALI, C.J.-- Through this bail application under section 498, Cr.P.C. Applicant Illyasuddin son of Abdul Hameed, has sought pre-arrest bail in crime No, 349/2006 P.S. Ferozabad, Karachi East, which relates to the commission of offence punishable under section 489-F P.P.C. On the filing of his bail application, the applicant was admitted to interim pre-arrest bail vide order dated. 4-5-2007, subject to furnishing of surety in the sum of Rs,200,000 and P & R bond in the like amount to the satisfaction of the Nazir of this Court, which order has been complied.
2. ' Thereafter, during the pendency of proceedings, as per mutual understanding between the applicant and the complainant, from time to time, applicant has deposited a total sum of Rs,230,000 with the Nazir of this Court towards the satisfaction of the claim of the complainant subject-matter of dishonored cheques.
3. ' Mr. Javed Musarrat, learned counsel for the complainant submits that the total sum due against the applicant is A Rs,300,000 but he has only deposited a sum of Rs,230,000 with the Nazir of this Court. The Receipt/pay orders of Rs,70,000 referred by the applicant for this claim of payment of remaining sum are not in connection with the present claim of the complainant, for which his suit for recovery, being Civil Suit No, 46 of 2006 instituted under Order XXXVII, Rules 1 and 2, C.P.C, has already been decreed.
4. ' Mr. Sathi M. Ishaque learned counsel for the applicant submits that upon deposit of Rs,230,000 with the Nazir of this Court together with the payment of Rs,70,000 as per other pay orders/receipt, the total decretal amount based on the dishonoured cheque has been paid by the applicant.
5. ' Be that as it may, while dealing with this pre-arrest bail application, it will not be appropriate for this Court to examine whether the decree has been satisfied as a whole or still some payment towards dishonoured cheques is outstanding against the applicant.
6. ' Keeping in view this aspect of the case, interim pre-arrest bail earlier granted to the applicant is confirmed and this bail application is disposed of in terms that the sum of Rs,230,000 deposited by the applicant with the Nazir of this Court be released in favour of the complainant, and in case the complainant has any other claim still unsatisfied, he will peruse the execution proceedings before the civil Court, which will be able to decide whether the decree passed in favour of complainant has been wholly satisfied or it is to be executed for any sum still due under it.