AFTAB AHM ED GORAR, J.----Through captioned bail application, applicant Shakeel Ahmed son of Mohammad Fazil who has been booked in. Crime No.96/2020 Police Station, Moro District, Ghotki for offences punishable under Sections 489-F, 506/2, P.P.C. seeks pre arrest bail. Earlier his bail application was declined by learned Additional Sessions Judge, Moro dated 17.04.2020.
2. Facts of prosecution case in brief are that on 27.03.2020 at 1330 hours, the Complainant Shahnawaz son of Azizullah Abro lodged FIR at Police Station, Moro wherein the complainant has alleged that, he has showroom of motorcycles with name and style Zeeshan Autos at Dadu Road Moro and his amount of Rs.17,00,000/- of deal of vehicle was outstanding towards Shakeel Ahmed son Fazul Sahito that in the month of October, 2019, the complainant his brother Abdul Hafeez Abro and Kashif were sit at the show-room and Shakeel Ahmed came and disclosed that he will give 35 motorcycles and in the presence of above mentioned witnesses issued Cheque No.00000007 amounting to Rs.17,00,000/- of Account#14397901269203 of HBL PMCH Nawabshah dated 05.12.2019 and again Shakeel came and demanded some time for payment of amount but did not give, complainant along with witnesses on 05.03.2020 went to Bank but there were insufficient funds and memo of was issued to the complainant. Thereafter applicant kept the complainant on hollow hopes. It is alleged that on 17.03.2020 at 1700 hours the complainant along with above mentioned witnesses were available at the show-room of complainant that accused Shakeel Ahmed, Wazir, 3.
Ghulam Shabir all three sons of Fazul Sahito resident of Jaggan Mohallah Gachero Road Moro came and they took pistols from their folders of Shalwars and issued murders threats that if complainant demands amount from them they will commit the murder of complainant and by issuing serious threats of life accused persons went away. Complainant then filed application before learned Justice of Peace and after obtaining order got registered FIR against applicant and others. Thereafter, Police registered the instant FIR.
3. Learned Counsel for the applicant contends that applicant/accused is innocent and has falsely been involved in this case by the complainant with mala fide intention and ulterior motives; that there is delay of more than 22 days for which no plausible explanation has been furnished by the complainant; that Cheque in question has not been issued by the applicant nor the complainant has direct transaction with applicant however, the cheque of applicant has been either missed or thefted and thereafter some unknown persons have started blackmailing to the applicant/accused for getting financial benefits from the applicant and issued threats of misuse of cheque and he has cooked-up false story; that due to dispute between complainant and co- accused Ghulam Shabir, the brother of applicant/accused Shakeel Ahmed has been dragged by the complainant in this case; that prior to this, complainant has lodged an FIR vide Crime No.289/2019 under section 489-F, 420, 306/2, 34, P.P.C. with Police Station, Moro against co-accused Ghulam Shabir and due to such dispute the complainant has lodged instant FIR against present applicant however, applicant has no nexus with the alleged cheque in question nor any outstanding amount of complainant is residue against the present applicant/accused. By stating so, he prayed for confirmation of bail.
4. Conversely, learned Additional Prosecutor General assisted by Mr. Deedar Ali M. Chohan, Counsel for complainant has vehemently opposed for confirmation of bail on the ground that alleged Cheque in the name of applicant and huge amount is involved and the issuance of cheque has been denied by the applicant nor he has denied his signature hence, no mala fide is apparent on the part of complainant to involve the applicant in the present case. By contending so, he prayed for rejection of interim bail application.
5. Heard learned Counsel for parties and perused the material available on record. Admittedly, there was business transaction between applicant and the complainant with regard to the purchase of motorcycle. The amount disputed is very much admitted by the applicant as he on assurance to purchase the motorcycle had issued a post-dated Cheque amounting to Rs.17,00,000/- to be drawn on Habib Bank Limited Peoples Medical College PMCH Road, Nawabshah @ Shaheed Benazirabad branch instead Cheque was en-cashed but same met with the result of "dishonor" by the Banker of the applicant. It has been surfaced that there was dishonesty on the part of the applicant while issuing such Cheque of huge amount in favour of the complainant, such state of allegation has been affirmed by the Sadam Hussain, Cashier Habib Bank Limited Peoples Medical College PMCH Road, Nawabshah @ Shaheed Benazirabad branch who issued memorandum. The issuance of cheque with 'dishonest' intention would not entitle the applicant for bail on the ground that there are monetary disputes between the parties, as the possibility of issuance of Cheque 'dishonestly' by the applicant could not be ruled out at this stage. Indeed; offence under section 489-F, P.P.C. is maximum punishment upto three years R.I. Apparently, the issuance of a fake and bogus cheque by the applicant in favour of complainant causes the financial murder of a innocent and law abiding citizen which is so dangerous and prejudice to the life, liberty and property of the complainant. It may not be out of place to mention here that the issuance of cheque of huge amount which is in turn 'dishonoured' has taken our society by storm so much so that such instrument is looked upon by the beneficiary with a degree of doubt and skepticism till it is honoured by the concerned bank. Such practice has also eroded the mutual trust of the general public and there are instances when people shy away from accepting cheques even from trustworthy persons. Moreover, no one is supposed to commit the financial murder of another member of the society. Even otherwise, it is settled deciding the bail application the Court has to observe the tentative assessment and deeper appreciation of evidence is not required and it will not be fair to go into discussion about the merits of the case at this juncture.
6. It may be advantageous to mention here that for to constitute an offence under section 489-F, P.P.C., the following 'ingredients have to B be there; AHD i) Cheque issued with dishonest intention. ii) Towards repayment of a loan or fulfillment of an obligation and iii) The Cheque is dishonoured on presentation.
7. In the present case, the cheque for a huge amount was issued by the applicant with the knowledge that funds are not available in his bank account thus, there was prima facie element of dishonesty on the part of the applicant and that the cheque was dishonoured at the bank's counter is now part of the record of the case. Thus, taking a tentative assessment of the available record, the applicant being prima facie linked with the Commission of the offence is held disentitled to the concession of bail. Accordingly, the bail application is dismissed. Interim pre- arrest bail-already granted to the applicant/accused Shakeel Ahmed Sahito vide order dilated 21.02.2020 is hereby recalled and surety is discharged. Applicant is present on bail, he is taken into custody and remanded to Central Jail-I Sukkur with directions to Jail Superintendent to produce him before concerned Court where his case is pending on the date when it is fixed. Let copy of this order be sent to learned trial Court for information.