IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.155 of 2026
[ Syed Hassan Shah son of Syed Nazir Hussain Shah versus
The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
02.03.2026
Mr.
Altaf Hussain Shaikh, advocate for applicant
Mr. Sharafuddin Kanhar, APG &
Ms. Rukhsana Qassim Mirjat, ADPP a/w Syed Ali Hasan, SP Investigation-I, South Karachi
and SIP Abdul Razzak, SIO/IO PI Muhammad Akram of PS Sahil
Complainant Farida Qazi present in
person
-------------------------------------------
Applicant/accused
Syed Hassan Shah son of Syed Nazir
Hussain Shah seeks pre-arrest bail in
FIR No.306/2025, registered at P.S. Sahil, Karachi South for offence under
section 419, 420, 468, 471, 34, PPC, after rejection of her bail plea by
learned Additional Sessions Judge-IV, Karachi South vide order dated 05.01.2026.
Learned
counsel for applicants submits that applicant is innocent and he has been
falsely implicated in this case due to mala fide intention and ulterior
motives; that fraud has been committed by co-accused Danial and Ahmed Ali Gujjar with the
complainant and applicant has nothing to do with the alleged offence; that he
has deposited cross-cheques in his account on the request of co-accused and the
applicant was unaware about activities of co-accused; that alleged offence does
not come within the ambit of prohibitory clause of Section 497, Cr.PC, hence case
of applicant calls for further inquiry in terms of Section 497(2), Cr.PC.
On the
other hand, complainant Mst. Farida Qazi has appeared in person and rely on
learned A.P.G. However, she submits that she has issued cross-cheques in favour
of applicant and he has mixed up with co-accused Danial and Ahmed Ali Gujjar
and they have cheated and looted her hard earned life savings. Learned A.P.G.
submits that the transaction has been made in the account of applicant and same
is based on documentary evidence and he cannot deny on such documentary
evidence. He further submits that applicant after getting interim pre-arrest
bail has never joined the investigation. IO endorsed such contention of learned
A.P.G.
Heard learned counsel for applicant, learned A.P.G.,
complainant in person and perused the material available on record.
From tentative assessment of the material available on
record, it appears that the applicant is nominated in the FIR and huge amount
of money Rs.10,000,000/- (Rupees One Crore) have been transmitted in his
account; the evidence against the applicant is based on documentary evidence
which he cannot deny; that plea taken by the applicant that cheques were given
to him by co-accused Ahmed Ali Gujjar so as to evade tax upon withdrawal of
payment as he was filer, this is his defence plea, which cannot be considered
at this stage and only tentative assessment is to be required. An old lady has
been cheated by the applicant and co-accused by manipulating forged documents;
they have committed fraud with her and she has lost her life savings to the
tune of Rs.20,999,000/- (Two Crore Nine Lac Ninety Nine Thousand); no mala fide
has been established by the applicant to falsely implicate him in this case,
which is pre-requisite condition for grant for pre-arrest bail as held by the
apex Court in the cases of Gulshan Ali Solangi versus The State (2020 SCMR 249)
and Abdul Aziz Memon versus the state (2020 SCMR 313). Moreover, it has come on
record that after grant of interim pre-arrest bail applicant has never joined
the investigation, which is essential requirement for grant of pre-arrest bail.
No case for grant of pre-arrest bail is made. Therefore, interim pre-arrest
bail granted to the applicant/accused by this vide order dated 19.01.2025 is
hereby recalled and the instant criminal bail application is dismissed.
Observations made herein
above are tentative in nature, the same would not prejudice the case of either
party at trial.
Above
are the reasons for my short order dated 02.03.2026, whereby instant criminal
bail application is dismissed.
The instant
criminal bail application is accordingly disposed
of.
J
U D G E
Gulsher/PS