IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 851 of 2017
Mst.
Rehana @ Muni
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...
..Applicant
Versus
The
State
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..
.Respondent
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Criminal Bail Application No. 245 of 2017
Kamran
Rasheed
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...
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..Applicant
Versus
The
State
.
..
.Respondent
Date
of hearing and order : 25.07.2017
Mr. Ahmed Nawaz, advocate
for applicant in BA No.851/17
Mr. Kausar Ali Shar, advocate
for applicant in BA No.245/17
Mr. Muhammad Farooq,
advocate for complainant
Mr. Zafar Ahmed Khan,
Addl.P.G.
O
R D E R
Fahim
Ahmed Siddiqui, J: This single order will
dispose of the two bail applications moved on behalf of applicants Mst. Rehana
@ Munni (BA No. 851/2017) & Kamran Rasheed (BA No. 245/2017) as both of
them are involved in a criminal case on the basis of one and the same FIR.
Amongst them the bail application for the former applicant is the post-arrest
bail application while for the latter is the pre-arrest bail application. The
complainant Mst. Ghulam Fatima is an Overseas Pakistani and she lodged FIR No.
08/2017 against the applicants at PS Mobina Town under Sections 201, 406, 420,
468, 471, 506 & 34 PPC.
2. The
learned advocates for the applicants and the learned Prosecutor enjoyed the
full opportunity of addressing the Court. I have considered their submissions
and gone through the record of the case. From whatever said and produced before
me, I have observed as under:
(a)
The
allegations against the applicants are that they in collusion of the other
accused got transferred, leased out and disposed of the house of complainant,
an Overseas Pakistani, by managing false and fabricated documents.
(b)
The
applicant Mst. Rehana @ Munni, who is the sister of brother-in-law of
complainant, impostor herself as the original owner of the house before the
authorities and she managed to issue a fake CNIC, as such she got the said
house mutated and sold out to accused Muhammad Aquil who further sold out the
said property to applicant Kamran Rasheed, who mortgaged the said property in a
bank as such obtained considerable financing but did not pay the same as such he
caused heavy loss to complainant and her family.
(c)
The
prosecution has collected sufficient and concrete evidence against the
applicants, which is adequate to suggest that the applicants are the author of
the offence.
(d)
The
woman applicant is well aware of the absence of complainant and her family from
Pakistan, and she got advantage of their absence, as such she hatched a plot
against the complainant party with the help and assistance of co-accused and
succeeded in fulfilling her ill design with the help and assistance of her
associates and co-accused persons.
(e)
The
delay in lodging the FIR is quite rational as the complainant was residing out
of Pakistan, where her husband was employed and after returning to Pakistan
when she tried to get her property leased out, she came to know that the
applicant Mst. Rehana @ Munni has prepared a CNIC by appearing in NADRA office
and giving the particulars of complainant as her own. In this way, she
succeeded in getting a CNIC in the name of complainant in which her own picture
was affixed. It is a clear-cut fraud, cheating, dishonesty and deception by the
applicant Mst. Rehana @ Munni.
(f)
No
doubt, the case of the female applicant falls under first proviso of Section
497 CrPC, but a strong documentary evidence is available against the applicant
that she acted in a duplicitous manner for getting CNIC for which she herself
appeared before the concerned office where she got her photograph taken with
full knowledge that she is getting a bogus CNIC, which was used by her again at
the time of execution of sale deed, therefore, she being the main culprit is
not entitled for any concession.
(g)
The
overseas Pakistanis are earning a huge amount of foreign exchange for the
country, as such, it is the responsibility of all the state organs to provide
protection to their families and safeguard their valuable properties and other
securities.
(h)
As
far as the applicant Kamran Rasheed (BA No. 245/2017) is concerned, he is the
person who has subsequently purchased the house of the complainant and just
after purchasing the same, he managed to get financing from the bank and thereafter
he purposely avoided to pay loan, as such the bank initiated proceedings before
the concerned Banking Court. The prosecution has collected sufficient material
to show that the applicant Kamran Rasheed was involved in the entire episode
from the beginning and actually he is a partner in the planning of fraud and
cheating committed in respect of the house of the complainant.
(i)
It
has also come on the record that the applicants Kamran Rasheed, Mst. Rehana @
Munni and co-accused Muhammad Aquil all are involved in the cheating and fraud.
Muhammed Aquil is the person who lodged a non-cognizable report at police
station Aziz Bhatti wherein he described himself as the maternal nephew of
complainant and reported that the original documents of the house of
complainant have lost. In this way, he paved the way to get the property
transferred in the name of impostor lady and later on getting the property
leased out in his name.
(j)
It
has also come on the record that just after getting lease in his favour, Muhammed
Aquil and applicant Kamran Rasheed prepared a sale deed in favour of applicant
Kamran and it has come on the record that all the accused persons are the
partners in the said fraud, which is clear from an Iqrarnama annexed with the objection of complainant (page 443)
that they have hatched a plot jointly with an intention to usurp the property
of an Overseas Pakistani woman by getting advantage of her absence from
Pakistan.
(k)
The
fraud of applicants is very much clear from the fact that although all these
documents were managed by them, but they are not in possession of the property
and the same is still in possession of the complainant.
3. In
the above circumstances, it can be said tentatively that the prosecution has
collected considerable and convincing evidence to connect the applicants with
the commission of the offence. In my humble view, being the white-collar
offenders, the evidence so far collected is sufficient to form a speculative
opinion that the applicants are involved in an offence of a serious nature and
such type of offenders may shake the confidence of Overseas Pakistanis to
invest and purchase property in Pakistan, as such they are not entitled for any
lenient view. I am of the considered opinion that at least at this stage, prima
facie no case of further probe is made out to favour the applicant besides no
question of malicious involvement and ulterior motive are established to
consider the extraordinary relief to applicant Kamran Rasheed.
4. The
upshot of the above discussion is that both the applicants are not entitled to any
relief as such pre-arrest bail application of applicant Kamran Rasheed and post
arrest bail application of applicant Mst. Rehana @ Munni are dismissed and interim
order dated 22-02-2017 passed in Bail Application No. 245/2017 is recalled.
5. Both
the bail applications have already been dismissed under my short order dated
25-07-2017 and the above are the reasons for the same.
6. Before
parting, I would like to make it clear that the above observations are purely
tentative in nature, and the same are only meant for the purpose of bail and
would have no impact or effect on any party during the trial.
J
U D G E