FAHIM AHMED SIDDIQUI, J.---- This order will dispose of the instant bail application filed by the applicant Tariq Shafi son of Muhammad Shafi Khushtiwal. The applicant is seeking relief of pre-arrest bail in a case registered against him through FIR No. 488/2018 at Police Station Aziz Bhatti, Karachi under Sections 489-F and 420 P.P.C., as his such plea was declined by the lower forum.
2. The learned advocates for the parties and the learned prosecutor argued the matter at length. After considering their submissions and consulting the available record, I have observed as under: a) The allegation against the applicants is that he has taken Rs.20,00,000/- from the complainant with an offer to give Rs.70,000/- profit per month. He continued to give profit but subsequently avoided and lastly gave him Rs.140,000/- in May, 2018. On demand, he has given him two cheques of Rs.10,0 0,000/- each drawn from Al-Burj Bank (Now Al-Barka Bank) but the same were bounced. b) The business transaction is admitted within the body of FIR and apparently in terms of business, the contentions on behalf of applicant that the alleged cheque were given to the complainant as security appears logical and coherent. c) The complainant says that he has given amount on profit but giving amount simply on profit appears to irrational as the applicant is not a licensed money Lander , as such giving amount to applicant by the complainant appears to be dubious. d) It is claimed by the complainant that lastly amount was given to him in May, 2018 and thereafter , the cheques of Burj Bank Ltd. were given to him for 10-11-2018. It is quite a rational question when Burj Bank has already been absorbed in Al-Barka Bank then why he has accepted such cheques. e) As per record, the cheques were returned to the complainant on account of Dormant Account, and Bank has not mentioned B that there was insuf ficient funds. It is settled legal position that no instrument can be negotiated in a dormant account; therefore, it is a matter of argument that the cheques were actually bounced or not. f) In these scenario, when the Burj Bank was not in existence, it is also a matter of further probe that whether the cheques were given in the year 2018 or not. In such a situation, the claim of the applicant appears to be rational as the cheques were blank and the same were utilized after receiving almost entire amount. g) The applicant claims that he has paid considerable amount appears to be coherent, as in support of his claim, he relied upon vouchers for which it is claimed that the same were either signed by the complainant or his employee Mansoor . h) The fact of repayment is not denied rather it is admitted, as he himself admits that lastly he received amount in May, 2018. i) For attracting Section 489-F , the ingredient of dishonesty is a condition precedent, which in the present case appears to be missing. j) It reflects from the record that the complainant has sought several adjournments in the instant matter and today the learned counsel for the complainant was also seeking adjournment but the learned counsel for the applicant agitated against such adjournment, as such matter was heard. The attitude of the complainant indicates about malice on his part.
3. In view of the above observation, I am of considered opinion that a case of pre-arrest bail has been successfully made out, hence the interim bail order dated 02-04-2018 in favour of the applicant is confirmed on the same terms and conditions.
4. Before parting, I would like to make it clear that if the applicant after confirmation of pre-arrest bail will not appear before the trial Court and the trial Court is satisfied that the applicant becomes absconder and fugitive to law, then the trial Court is fully competent to take every action against the applicant and his surety including cancellation of bail without making a reference to this Court.
5. These are the reasons for my short order dated 11-07-2019 and I would like to make it clear that, the above observations are purely tentative in nature, and the same is only for the purpose of disposal of instant pre-arrest bail application and would have no impact or ef fect on either party's case during trial.