ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B.A No. 723 of 2016

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Date                        Order with signature of Judge

Present

Mr. Justice Muhammad Ali Mazhar

Iftikhar Ali                              ………..…                       Applicant

V E R S U S

The State                                 ……………                     Respondents

Date of hearing 04.07.2016

Mr. Raza Muhammad Raza advocate for applicant.

Mr. Abdullah Rajput A.P.G.

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Muhammad Ali Mazhar, J: The applicant has applied for post arrest bail in crime No. 20 of 2014, lodged at P.S ACE West, Karachi under Section 161, 420, 468, 471, 34 PPC r/w Section 5(2) of Prevention of Corruption Act, 1947.   

2.      Brief facts of the prosecution case are that accused Zeeshan Haider Naqvi the then D.D.O Lease, Kemari Town misused his official powers and received approximately 1,13,80,000/- from beneficiaries and executed 17 illegal lease without obtaining permission from the competent authority. He also created 17 plots situated at New Truck Hawksbay Road, Karachi through manipulation in the approved layout plan. The name of the present applicant is mentioned at Sr. No. 40 of the challan who is allegedly beneficiary of the lease of plot NO. 2/C measuring 20 Sq. yards.   

3.      Learned counsel at the very outset pointed out that the bail of the present applicant was rejected by the trial court on 14.05.2016 on the ground that his name is mentioned at Sr. No. 40 of the challan, he absconded away from the Court of law and according to the contents of the FIR he is beneficiary and in collusion with accused Zeeshan Haider Naqvi got the fake documents. Learned counsel pointed out that main accused Zeeshan Haider Naqvi on 10.11.2014 obtained interim bail from the trial court. He has also produced copies of two orders passed by the trial court in the bail applications of co-accused Mohammad Faisal Saleem and Qasim Khan and argued that both the accused also were leased out the plot and they had same role as alleged against the present applicant in the FIR but they were granted bail and applicant’s bail application was dismissed. He further argued that main accused Zeeshan Haider Naqvi was granted interim bail which was subsequently confirmed by the trial court. Learned A.P.G keeping in view the facts and circumstances of the case argued that since according to two orders placed on record, the co-accuseds having the same role have been granted bail by the trial court, therefore, present applicant is also entitled for the concession of bail by applying the rule of consistency.

4.      I have gone through the record available. The main allegation against the applicant is that he obtained lease from the main accused D.D.O Lease Kemari Town for the plots of measuring 20 Sq. yards. I have also seen the confirmation order of two co-accused persons passed by the learned trial court in which trial court made observation that the record indicates that there was a dispute over the approval of commercial shops near the Nala constructed by KMC which requires evidence of material witnesses to prove the allegations as leveled in FIR. It was further observed that dispute is of civil nature and the point raised in the case requires evidence through material witnesses.

5.      As a result of above discussion and keeping in view the no objection of the A.P.G, I am of the view that whether the applicant acquired the plot in question unlawfully or with bona fide intention as purchaser requires evidence and in view of the bail granted to the co-accused not only he is entitled for bail on rule of consistency but also this is case of further inquiry. Therefore, the applicant is granted post arrest bail in FIR No.20 of 2014 subject to furnishing solvent surety in the sum of Rs. 50,000/- (rupees fifty thousand) with P.R bond in the like amount to the satisfaction of Nazir of this Court as according to the learned counsel today is the last day before Eid holidays, therefore, it would not be possible to furnish the surety in the trial court and get the release order of the applicant on which learned A.P.G has no objection. Bail application is disposed of.

                                                                             JUDGE

 Aadil Arab