2002 PLP 635 (YLR)

Mehmood A. Qureshi for Applicant. Habib Ahmed, A.A.-G. for the State. Saddar police received a written complaint through Inspector Suleman Abro. Of Crime Branch for investigation of the case which was incorporated in 154, Cr.P.C. book. The perusal of which reveals that Abdul Qadir Jaferi Honourary Consulate for Brazil 113/A Sindhi Muslim Cooperative Houssing Society, Shahra-e-Faisal, P.O. Box 7482 Karachi, has stated that some documents including passport profit; visa, income tax papers and air ticket were submitted before him by one Syed Khalid Hussain for issuance of tourist visa out of which on verification, income tax documents were found to be forged. The investigation was carried out after registration of F.I.R. and applicant was arrested on 8-3-2000. It is contended by Mr. Mehmood A. Qureshi learned counsel for applicant that the complainant in this case has filed an affidavit wherein he has exonerated the present applicant and has stated that he is also a victim himself and was cheated by Waqar Aziz recruiting agent. The complainant has further stated in his affidavit that he has conveyed such information to I.-G., Police, Sindh in respect of his innocence. It is argued that section 420 is bailable whereas the remaining sections are, non-cognizable. It is argued that the offence contained in F.I.R. do not come under .the prohibitory clause of section 497(1), Cr.P.C. Mr. Habib Ahmed learned A.A.-G has conceded to the grant of bail on the ground that offences are not covered by prohibitory clause of section 497, Cr.P.C. and that the complainant himself has exonerated the applicant by filing his affidavit. It is argued that the police has not collected any further evidence to show that applicant had forged the said documents. Learned A.A.-G is not able to point out as to who has forged the income tax documents. The offence with which accused is charged is not covered by prohibitory clause of section 497; Cr.P.C. section 420 is bailable and the remaining sections are non cognizable. The complainant has filed his affidavit wherein he has exonerated the present applicant and has stated that he himself is victim and has been cheated by the travelling agent. Under these circumstances, at this stage there do not appear reasonable grounds to believe that the applicant is guilty of the offence with which he has been charged. The accused is, therefore, granted bail in the sum of Rs.50,000 (Rupees fifty thousand) and P.R. Bond in the like amount to the satisfaction of the Trial Court. H.B.T./K-62/K Bail granted.