SHAHNAWAZ TARIQ, J.---Through the captioned pre-arrest bail application, applicants Shahneel Gul, Sohail Ahmed and Mohammad Amir have impugned order dated 19.11.2015, passed by the Court of Additional Sessions Judge, Gambat, whereby the earlier bail application filed by the applicants was declined.
2. Necessary facts spelt out from instant application are that complainant Najeebuddin Narejo, District Food Controller lodged FIR on 18.05.2015 at 1800 hours narrating that he is DFC in Khairpur.
On 09.02.2015, complainant, Food Supervisor namely Mazhar Ali Shah, PRC Gambat namely Naseemuddin Memon were available in the office, where at 1100 hours, accused Khadim Hussain, Shahneel Gul, Sohail Ahmed and Mohammad Amir who are owners of Khalique Floor Mill, came there and they purchased 6000 wheat bags as per Government Policy for their Floor Mill and such agreement was executed and a Cheque cash of Rs. 9342000/- dated 15.05.2015 was issued. On 17.02.2015 complainant and his PWs were available in the office, where again another agreement of 5000 wheat bags were executed and a Cheque of Rs. 15570000/- dated 17.05.2015 was issued and same was signed, however, both Cheques on presentation were dishonoured. Finding no way of recovery and dishonouring of both Cheques, complainant being public servant lodged FIR.
3. Learned Counsel for applicants contended that alleged offence is punishable up to 03 years and does not fall within the restraining clause of Section 497(2) Cr.P.C; that applicants have already filed Civil Suit No.Nil of 2015 before the Court of Senior Civil Judge Gambat for declaration and permanent injunction which is still subjudice before learned trial Court; that after obtaining interim pre-arrest bail, applicants have been appearing before the Court regularly and neither they have misused the concession of bail nor frustrated the trial subjudice before the learned trial Court; that after framing the charge trial of the case is being delayed for want of evidence of complainant and other witnesses; that if interim pre-arrest bail is not confirmed, applicants will be arrested and humiliated at the hands of police due to ulterior motives; that applicants are not signatory of Cheque No.0332692 amounting to Rs.93,42000/- Cheque No. 0332691 amounting to Rs. 93,42000 and Cheque No.0332694 amounting to Rs. 1557000/- issued against Account No. 2586.7 of National Bank of Pakistan, Gambat Branch.
4. Learned APG considering the above circumstances, extended no objection.
5. Heard learned Counsel for parties and perused the material available on record prudently which emanates that father of the applicant No.1, namely Khadim Hussain entered into transaction with the Food Department regarding purchase of wheat etc. and he issued subject Cheques in favour of District Food Controller Khairpur. Thereafter dispute over the quality of wheat arose between the parties, against which Zeeshan Gul and 06 others filed Suit for declaration and permanent injunction against Food Department and others, which is still subjudice before the Court of Senior Civil Judge Gambat. It is further averred that applicant No.3 Mohammad Amir also filed Crl.
Miscellaneous Application in the Court of Sessions Judge/Ex.Officio Justice of Peace, Khairpur under Section 22-A, B, Cr.P.C. regarding causing harassment and same was disposed by directing the official respondents to conduct themselves strictly in accordance with law and not to cause any kind of harassm ent. Subsequently, complainant lodged instant FIR regarding dishonouring the above referred 03 A Cheques.
Indeed, the alleged offence is punishable up to 03 years which does not fall within the ambit of restraining clause of Section 497, Cr.P.C. Moreover, after completion of investigation, challan has been submitted and learned trial Court has already framed charge against applicants and they are regularly appearing before learned trial Court and facing their trial. Neither applicants have misused the concession of bail nor frustrated the trial on any pretext. Moreover, the trial of the case is being delayed for want of evidence of the complainant and other witnesses, hence refusal of bail at this stage would not serve any useful purpose, but there is serious apprehension of humiliation and harassm ent of applicants at the hands of police.
6. Considering the above circumstances, interim pre-arrest bail already granted to the applicants vide order dated 20.11.2015 stands confirmed on the same terms and conditions. Applicants are directed to appear regularly before learned trial Court to face their trial. However, it is made clear that in case of non-appearance of the applicants or deliberate misused the concession of bail, learned trial Court would be at liberty to pass any appropriate order or initiate proceedings against accused persons in accordance with law.
7. The observations made above are tentative in nature and learned trial Court shall decide the case strictly on merits.
Bail application stands disposed of.