IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.595 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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15.04.2025
Mr.
Nusrat Ali Shar, advocate
for applicant
Ms.
Seema Zaidi, Additional
Prosecutor General Sindh
IO/Inspector
Muhammad Sanwal Ghoto, CO
Central
Complainant
Mst. Shahla Bashir,
Ex-Principal Government Girls Degree College Nazimabad
No.1 Karachi
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Applicant
Muhammad Nafees son of Sharafuddin
seeks post arrest bail in FIR No.37/2025, registered at P.S. Rizvia, Karachi for offence under section 409, PPC, after
rejection of his bail plea by learned Special Judge, Anti-Correction
(Provincial), Karachi vide order dated 01.03.2025.
2. Facts
of case are that on 31.01.2025, Principal, Government Girls Degree College, Nazimabad No.1, Karachi, reported that applicant Muhammad Nafees, Superintendent of the College collected fee in cash
from about 81 students of said College on account of examination fee, totaling
Rs.910,200/- whereas more complaints of similar nature are being made by other
students. Applicant/accused lastly attended the college on 27.01.2025, whereafter he is absent and he misappropriated students’
examination fee, hence the subject FIR. After usual investigation IO submitted
interim challan against the applicant/accused.
3. Learned
counsel for applicant contended that FIR of the alleged incident has been
registered by ordinary police and accused is government officer whereas
Anti-Correction Establishment Rules provides for inquiry before registration of
FIR; that there is no material collected by the IO against the
applicant/accused; IO examined PWs Naeem Khan, Arslan Zafar and Muhammad Asif, who did not implicate the applicant in the alleged
offence; that the applicant was arrested from Abbasi Shaheed Hospital, he is a senior citizen and is suffering
from heart ailment; that sufficient material is available on record to
establish that the case of the applicant/accused requires further inquiry in
terms of Section 497(2), Cr.PC.
4. Conversely,
learned Additional Prosecutor General Sindh, assisted by IO and Principal,
Government Girls Degree College Nazimabad No.1,
Karachi (since retired), vehemently
opposed the grant of bail on the grounds that the applicant has misappropriated
more than Rs.1,200,000/-. IO present in Court admits that he has not collected
any concrete evidence against the applicant.
5. Heard
learned counsel for applicant, learned Additional Prosecutor General Sindh, IO and
Mst. Shahla Bashir, Ex-Principal,
Government Girls Degree College Nazimabad No.1,
Karachi and perused the material available on the record.
6 Admittedly,
FIR was registered by ordinary police and investigation was transferred to the
Anti-Correction Establishment. IO present in Court admits that he has not
collected any concrete evidence against the applicant/accused despite issuance
of notices to the affected students/parents, who paid cash amount to the
Superintendent/applicant/accused. Interim challan has
been submitted, applicant/accused is in custody and not required for further
investigation. Even otherwise, offence alleged does not fall within the
prohibitory clause of Section 497, Cr.PC. It is
settled law that grant of bail in the offences not falling within the
prohibitory clause is a rule and refusal is an exception. Reliance is placed on
the case of Tariq Bashir vs. The State (PLD 1995 Supreme Court 34). Sufficient
grounds are available on record to make out a case of further inquiry into the
guilt of accused in terms of Section 497(2), Cr.PC. Therefore,
applicant/accused Muhammad Nafees son of Sharafuddin is
admitted to post arrest bail, subject to his furnishing solvent surety in the
sum of Rs.200,000/- (Rupees Two Hundred Thousand Only) and P.R. bond in the like amount
to the satisfaction of trial Court.
7. While
deciding the instant criminal bail application, I have observed that either the
IO is incompetent to investigate the case or dishonest and mixed up with the
accused on the ground that he has not collected evidence of affected students as
Mrs. Shahla Bashir, Ex-Principal, Government Girls
Degree College Nazimabad No.1 Karachi has pointed out
that she called the affected students twice but the IO did not come to record
their statements, therefore, Chairman, Anti-Correction Establishment is
directed to transfer the investigation of this case from present IO and assign
the same to another honest and competent officer not below the rank of Deputy
Director to finalize the investigation of this case and submit final challan before the competent Court of law. Office is
directed to communicate this order to the Chairman, Anti-Correction
Establishment through Prosecutor General Sindh for compliance.
8. Needless
to say, that the above observations are tentative in nature, and shall not
prejudice the case of either party at trial.
9.
Instant criminal bail application stands disposed of in the above terms.
J U D G E
Gulsher/PS