IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No. S- 601 of 2021.

 

Date

               Order with signature of Judge

 

Applicant:                  Syed Mujahid Hussain Shah son of  Asghar Ali Shah

                                      Through Mr. Iftikhar Ali Arain, Advocate.

                                               

 

State:                             Through Mr. Aftab Ahmed Shar, Additional Prosecutor General along with Liaquat Ali Abbassi Circle Officer, Anti-Corruption Establishment Ghotki. 

 

                               

Date of hearing.        21.02.2022.

Date of decision.       21.02.2022.

 

                                O R D E R.

.-.-.-.-.-.-.-.-.-.-.-.-.

 

AMJAD Ali SAHITO, J.- Through the instant Crl. Bail Application, applicant/accused named above seeks pre-arrest bail in Crime No. 04/2021, offence u/s 465, 467, 468, 471, 34 PPC read with section 5(2) Act-II, 1947 of Police Station Anti-Corruption Establishment, Ghotki. Prior to this applicant/accused filed pre arrest bail application, which was dismissed by learned Special Judge, Anti-Corruption (P), Sukkur vide order dated 08.09.2021, hence he filed the instant Bail Application.

 

2.      The details and particulars of the F.I.R. are already available in the bail application and F.I.R., same could be gathered from the copy of F.I.R. attached with such application, hence needs not to reproduce the same hereunder.

3.      Learned counsel for applicant/accused submits that applicant/accused is innocent and has not committed any offence. He further submits that the enquiry conducted by the Anti-Corruption authority without any issuing notice to applicant or hearing him as such the same carries no weight and all the sections in the FIR have been misapplied by the complainant. Learned counsel for applicant prays for confirmation of interim pre arrest bail already granted to the applicant/accused by this Court.

 

4.      On the other hand, Mr. Aftab Ahmed Shar, Additional P.G contended that the name of applicant/accused is very much appearing in the FIR with specific role that he while posted as Principal of Government Degree College Jam Mumtaz Hussain Ubauro from 11.07.2011 to 2017 prepared bogus admission forms in the name of Sadam Hussain, Muhammad Arslan Ameen and Muhammad Kashif during year 2012 for 1st year (pre-medical group) and the applicant/accused allowed said students to appear in the examination on the basis of forged documents and thus he has vehemently opposed for confirmation of interim pre-arrest bail already granted to the applicant/accused.

 

5.      I have heard learned counsel for the parties and have gone through the material available on record.

 

6.      From the perusal of record, it reflects that the case was registered by Circle Officer Anti-Corruption Establishment  Ghotki with the approval of competent authority viz. Chairman ACC-I Sindh Karachi and with the order of this Court in the result of Enquiry of C.P No. D-97/2016 as the present applicant/accused while posted as Principal Government Degree College Jam Mumtaz Hussain Dahar Ubauro from 11.07.2011  to 2017 he prepared bogus admission forms in the names of Sadam Hussain son of Ghulam Nabi Kobhar, Muhammad Arslan Ameen son of Muhammad Ameen Arain and Muhammad Kashif son of Azizullah Jadhi during 2012 in the first year pre-medical group, he also allowed  submission of bogus examination forms of above named students to BISE Sukkur which were signed by him without eligibility certificates. The BISE Sukkur issued slips to above named students for examination and on second year the BISE Sukkur stopped the result of above students and issued such notification for cancellation of the result of above students. The BISE Sukkur constituted a committee and nominated members viz. Amanullah Ansari Deputy Secretary of BISE Sukkur, Professor Liaquat Ali Soomro Principal Government Atta Hussain Shah Degree College Rohri and Professor Shah Nawaz Joyo Principal Government College of Sukkur were nominated as Inquiry Officer for the admission as well as for the examination forums in all (112) students in which committee opined that they were not enrolled in BISE Sukkur. Accused Mujahid Hussain Shah granted fake admissions to ineligible (112) candidates without recommendation of the admission committee and passing any written or administrative order about on allowing admissions keeping in record only the incomplete and unsigned forms of the so called students. Accused Mujahid Hussain Shah managed fake mark certificates of HSC-I and Examination of 2012 for the candidates whose results neither released nor mark certificates prepared by the Board. He attested bogus certificates of SSC-II and HSC-I under his own signatures and the office seal also without producing migration certificates and getting eligibility certificates on account of having passed SSC-II Examination from other boards of Sindh and out of province boards he also allowed/forwarded the Examination forms of the students under his own signatures / office seal fraudulently certifying bogus attendance as true who have not been enrolled with BISE.

7.       After registration of case against the  applicant/accused when the matter was investigated it has come on record that Examination form of three candidates namely Sadam Hussain Kobhar, Muhammad Arslan Ameen and Muhammad Kashif Aziz were signed by the applicant/accused when the said candidates provided Mark sheet of BISE Bahawalpur (Punjab Province) without eligibility certificate and present applicant/accused deliberately attached Mark sheet of Punjab Province which were sent to BISE Sukkur for issuing Examination Slips and also attached Bogus Manipulated Mark sheets of BISE Karachi and BISE Mirpur Khas but during the filing of forms of HSC-II  the present applicant attached bogus /Manipulated Mark sheets of BISE Sukkur and later on when the BISE Sukkur verified the mark sheets of Matriculation of above named three candidates from various boards and the same were found BOGUS.  During investigation it was further revealed that bogus slips have been issued by the applicant/accused in the names of various students in all (112) candidates with his bogus signatures of Controller of Examination of BISE Sukkur. At bail stage only tentative assessment is to be made and nothing has been brought on record to show any ill-will or malafide on the part of the complainant, which is requirement for grant of pre-arrest bail. All the P.Ws have supported the version of complainant as such sufficient material is available on the record against the applicant/accused to connect him with the alleged offences. In this regard, I am fortified with the case law of Hon'ble Supreme Court of Pakistan [2019 S C M R 1129] wherein the Hon'ble Supreme Court of Pakistan has held as under:-

 

          ''Grant of pre-arrest bail is an extra ordinary remedy in criminal jurisdiction; it is diversion of usual course of law, arrest in cognizable cases; a protection to the innocent being hounded on trump up charges through abuse of process of law, therefore a petitioner seeking judicial protection is required to reasonably demonstrate that intended arrest is calculated to humiliate him with taints of mala fide; it is not a substitute for post arrest bail in every run of the mill  criminal case as it seriously hampers the course of investigation----the principles of judicial protection are being faithfully adhered to till date, therefore, grant of pre-arrest bail essentially requires considerations of malafide, ulterior motive or abuse of process of law."

 

8.      In view of above, applicant/accused has failed to make out a good case for grant of pre-arrest bail in the light of sub section (2) of Section 497 CrPC. In such circumstances, the instant Crl. bail Application stands dismissed and interim order dated 21.09.2021 earlier granted to the applicant/accused is hereby recalled. At this juncture, learned Additional Prosecutor General submits that custody of the applicant/accused is required for further investigation as such he prays that Investigating Officer may be allowed to arrest him. Investigating Officer Liaquat Ali Abbassi, Circle Officer Anti-Corruption Establishment Ghotki is present in Court as such custody of applicant/accused Syed Mujahid Hussain Shah is handed over to him.

 

9.        Needless to mention that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of the applicant on merits.

                                                                                                                                                                       Judge              

Irfan/P.A..

 

7.      In view of above, applicant/accused has failed to make out a good case for grant of pre-arrest bail in the light of sub section (2) of Section 497 CrPC. In such circumstances, the instant Crl. bail Application stands dismissed and interim order dated 18.01.2022 earlier granted to the applicant/accused is hereby recalled. Learned Addl.P.G submits that this is a robbery case and for further investigation the custody of applicant is required for investigation and recovery of robbed cash amount and mobile phone. SIP /Investigating Officer is present in the Court and the custody of applicant/accused is handed over to him for further investigation. According to the case of prosecution  the accused was assigned the role of committing robbery. They signaled the complainant to stop, on the point of weapons they stopped the car and on the point of weapons they committed robbery of cash and one touch screen mobile phone. Thereafter accused persons went away. The complainant and P.Ws did not go behind the accused persons due to fear of weapons. In sense of fear the complainant party remained calm, thereafter they narrated the incident to the P.Ws, went to Police Station and lodged FIR. The complainant and P.Ws were deprived from their valuable amount and mobile phones detailed in the FIR as such recovery of robbed articles and cash are to be made from the present applicant/accused. If he is granted bail then the recovery will be affected. Help others in good deeds. Don’t say false words in respect of others. Do good deeds if other persons are doing bad deeds with you. Keep patience in the poorness.  No one can be described in the existing position of affairs. Let the needful be done in the matter. This case may be fixed on the next date with a intimation notice to counsel for petitioner with a note of caution that if on next date.

 From perusal of police papers, it reveals that mashirnama of place of vardat was prepared. The release writ of accused was issued  to the applicant/accused that was released and it was also stated in the case of prosecution. In the case of prosecution. Mashirnama

 

8.      Needless to mention that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of the applicant on merits.

                                                                                                                                                                      Judge              

Irfan/P.A