2001 PLP 1909 (YLR)

Laws Cited

Representation

• ----S. 497---Penal Code (ILV of 1860), Ss.419, 420, 460 & 471---Bail, grant of-- Allegation against the accused was that he being not a registered Advocate was fraudulently carrying on the business of an Advocate---Plea of the accused was that he was not carrying on business of an Advocate but being Chairman of a registered social welfare organization had engaged and formed the company of Advocates and was seeking help of number of other Advocates-- Prosecution had not collected any evidence to show that the accused had ever appeared as an Advocate in any Court---Case against the accused being of further inquiry, he was admitted to bail.
• Learned counsel for the applicant has argued that certain complaints were made against the applicant, therefore, on 29-3-2000. Ms. Zeb Zenab, Advocate representative of Karachi Bar Association alongwith Vice-President of K.B.A Mr. Javed Iftikhar Qazi, Advocate, and Member Managing Committee Muhammad Saeed Abbas and other Advocates, S.I. Bilal A. Siddiqui, A.S.I. Ghulam Mukhtiar, P.C. Ahmed Hussain H.C. Muhammad Rafique, H.C. Muhammad Bashir in company of SDM Eid Gah went to the office of applicant situated at Al-Bashir Centre, Room No. 102, Jodia Bazar Karachi where they found name plate of Chairman Legal Aid Committee fixed on the door and during inquiry it was disclosed that Baber Ali Shah was not a registered Advocate and he was fraudulently carrying on the business of an Advocate thereby cheating the innocent persons and without any regard to the noble profession of law. The raiding party secured certain documents and cash of Rs. 300 from the applicant. The applicant and the property were brought at the police station where the F.I.R was lodged. After usual investigation the case was challaned in the Court of Judicial Magistrate where the applicant is facing trial.
• Learned counsel for the applicant at the very outset submitted that the case is false and the same has been registered under some misunderstanding. It is argued that the applicant was not carrying on business as an Advocate but he was chairman of Rehbar-e -Karachi Social Welfare Organisation which is registered one. He had engaged and formed the company of Advocates and the applicant in fact was seeking help of number of other Advocates and therefore according to him, he committed no offence. He further submits that so far. as offence punishable under sections 419, 420 and 421 are concerned, they are bailable and only section 468, P.P.C is non-bailable, but punishment provided for that offence does not fall within the prohibitory clause of section 497, Cr.P.C. The learned counsel further submitted that the applicant is behind the bars for the last three months. He further urged that the case is challaned and there is no likelihood of tampering with the prosecution evidence. Finally the learned counsel submits that it is yet to be determined at trial whether he was carrying on business as an Advocate or was simply working as Chairman of the registered Organisation. Therefore, the case of the applicant requires further inquiry. In support of his contentions, the learned counsel for the applicant has produced photostat copies of number of undertakings filed by the advocates namely, Messrs Abdul Sattar, Aman Ahmed Qazi, Ashfaque Ahmed Qureshi, Muhammad Ali, S.M Ismail Shah, and Arshad lqbal, Advocates. Registration certificate is also produced.
• The learned State counsel in view of the above submissions, does not oppose the grant of bail as according to him the prosecution has not collected any evidence to show that the applicant had ever appeared as an- Advocate in any Court.
• Keeping in view the above facts and circumstances of the case, and no objection raised by the learned State counsel, particularly the undertakings/statements filed by Advocates and the registration certificate, and in view that the applicant has succeeded in making out a case for bail as it is a settled law that when a case of further inquiry is made out the accused person may be admitted to bail. Accordingly I allow this application and admit the applicant to bail in the sum of Rs.1,00,000 (Rupees one lac only) and P.R Bond in the .like amount to the satisfaction of the Trial Court.

Headnotes / Summary

Judgment & Decree