THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail Application No.1749 of 2017
Applicants : Mst. Zohra, Mst. Safa, Muhammad Idrees, Shah Faisal, Mst. Rehmania and Mst. Husna
through Mr. Jan Muhammad Naech, Advocate
Respondent : The State through Mr. Zahid Khan, Asstt. Atty. Gen.
Date of hearing : 14.5.2018
Date of Order : 14.5.2018
ORDER
Abdul Maalik Gaddi, J: Applicants/ accused are present on interim bail granted to them by this Court vide Order dated 15.11.2017. Today this bail application is fixed for confirmation or otherwise.
2. The allegations against applicant/ accused are that they are Afghan national and they are living in Pakistan without any authority or valid document. Hence they were challaned in this case.
3. It is argued by the learned counsel for applicants that the case against applicants/ accused is false and has been registered by FIA due to non-payment of illegal gratification to them. He further submits that all applicants/ accused are Pakistani, but they have malafidely involved in this case. The case has been challaned and these applicants/ accused are no more required for investigation. Co-accused Abdul Qayyum almost on the same allegation has been granted bail by the learned trial Court, as such, following the rule of consistency, these applicants/ accused are also entitled for same relief.
4. Learned Asstt. Atty. Gen. has opposed this bail application on the ground that the applicants/ accused are nominated in FIR with specific allegation that they are living in Pakistan without any document and they are Afghan national.
5. I have given my anxious thoughts to the contentions raised at the bar and have gone through the case papers so made available before me.
6. It is an admitted position that case has been challaned and these applicants/ accused are no more required for investigation. The whole case of prosecution based upon the documentary evidence which in fact is in possession of the prosecution, therefore, no question does arise for tampering the same at the hands of the applicants/ accused. Since the whole case of the prosecution based upon the documentary evidence as well as evidence of the police officials belonging to FIA Department, therefore, their evidence require to be minutely scrutinized at the time of trial, whether the incident has been taken place in a manner as narrated in FIR or otherwise. This aspect of the case requires further enquiry. Co-accused Qayyum has also been granted bail on the basis of same allegation and the said order admittedly has not been challenged by the prosecution before any higher forum and the said order has attained finality, as such, following the rule of consistency, these applicants/ accused are also entitled for same relief. When all these legal and factual aspects of the case confronted to learned Asstt. Atty. Gen., he has no answer with him.
7. In view of the above, applicants/ accused have made out a good prima-facie case for confirmation of their bail. I, accordingly confirm the interim bail order already extended in favour of the applicants on same terms and conditions with direction to the applicants/ accused to appear before the trial Court to face the trial.
8. Needless to mention here that the observation, if any, made in this order is tentative in nature and shall not effect the merits of the case. It is made clear that the applicants/ accused, who are allegedly said to be Afghan national, therefore, trial Court is directed to decide the case as early as possible as per law preferably within the period of 02 months after receipt of this order. It is made clear that if in case during proceedings if the applicants/ accused misuse the concession of bail, then trial Court would be competent to cancel the bail of the applicants after due notice and hearing the applicants but as per law.
JUDGE
asim/pa