Case Details

Citation(s)
2018 SLG 2051 2018 SLD 2051 2018 YLR 1865
Sindh High Court
Criminal Bail Application No. 1733 of 2017, decided on 20-02-2018. Date of hearing: 14-02-2018.
MRS. KAUSAR SULTANA HUSSAIN, JUSTICE
Muhammad Nisar Warsi for Applicant. Abdul Karim Lakhair for the Complainant. Muntazir Mehdi, D.P.G. for the State.

ADEEL SHABAN HIRANI

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.489-F, 420 & 34---Dishonestly issuing a cheque, cheating and dishonestly inducing delivery of property, common intention---Bail, refusal of---Two cheques, issued by accused to the complainant, were presented in the Bank, but were bounced with endorcement that "account closed"---Accused, after lodging of FIR, became fugitive of law for considerable time---Police record showed that accused had issued number of cheques to several persons, which were also bounced---Accused was habitual in committing fraud---Accused had absconded in order to avoid his arrest for a long time and deliberately issued cheques of account which was closed---Accused, was not entitled to grant of bail, in circumstances. Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708 and Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488 distinguished. THIS ORDER PASSED BY: MRS. KAUSAR SULTANA HUSSAIN, J.--- On dismissal of Bail Application No. 1137/2017, by the trial Court, vide order dated 26.10.2017, the applicant Adeel Shaban Hirani has approached this Court, by filing instant bail application under Section 497 Cr.P.C., for post-arrest bail in case FIR No. 63/2016, under sections 489-F, 420, 34, P.P.C., registered at Police Station Taimuria, Karachi. 2. Story of the prosecution in nutshell is that complainant Syed Anasuddin lodged FIR on 18.03.2016 at about 1245 hours and alleged therein that he does private job in Jadeed ul Islam Secondary School, Orangi Town, Karachi as teacher. On 10.05.2015 he entered into an agreement of investment with Khurram Shaban Hirani of Al-Muslim Petroleum Services and invested an amount of Rs. 7,00,000/-- against the monthly profit but after payment of profit for two months he did not pay any profit. His mother namely Mst. Aman Begum daughter of Mirza Ahmed Baig also invested the amount of Rs. 1,08,000/- in Al-Muslim Petroleum but she has also not received any profit upon above amount. After that Adeel Shaban gave him two cheques bearing No. 10416272 amounting to Rs. 4,00,000/- dated 15.02.2016 of Bank Al-Habib Ltd., Bufferzone Branch, Karachi and 10416273 amounting…
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