2012 PLP 1055 (YLR)

MUHAMMAD TASNIM, J.

Urgent Application is granted. Applicant Syed Muhammad Hanif is booked in Crime No.3 of 2011, registered at Police Station F.I.A. Crime Circle for he offences punishable under sections 420/468/471/473/34/109, P.P.C. R/W section 489-F, P.P.C. Initially, the applicant had applied for bail before the learned Incharge Special Judge (Central)-II, Karachi who dismissed the bail application of the applicant vide order dated 28-7-2011. Against the aforesaid order present bail application has been filed. The facts of prosecution, as setout in the F.I.R., are that on getting the credible information about operation of 3 organized gangs with active connivance of staff of NADRA, involved in preparation, sale and use of forged NICs and other relevant documents required for nationality and passports, the FIA with prior approval of the competent authority sent one person to applicant/accused for preparation of CNIC in assumed name of Syed Muzammil Zaidi son of Syed Jaffar Zaidi with date of birth of 1-10-1967 along-with assumed/ dummy photograph and the deal was settled for Rs.8,

000. On the appointed delivery date, the FIA arranged a raid and apprehended the accused who was found in possession of required CNIC with another incomplete CNIC and on enquiry disclosed that he got prepared the same from his accomplice Syed Muhammad Hanif available with him, therefore, FIA conducted search of Syed Muhammad Hanif also and secured photocopies of number of CNICs and other incriminating articles including counterfeit currency note of 100 US $ which according to him was provided to him by one Muhammad Ameen Shaikh as sample for circulation/sale at 30%. FIA accordingly registered a crime as above and during course of investigation accused Syed Muhammad Hanif further led recovery of huge quantity of incriminating material/ articles viz; Pakistani currency notes under process of printing, different CNICs, driving license, birth and death certificates, letterheads, ID Cards of Press and Govt. Departments, Lamination Machines, stamps of Excise Department, extract image of immigration stamps, etc. from his house. It is further alleged that FIA also arrested accused Zakir Hussain upon pointation of Syed Muhammad Hanif who was found in possession of incriminating articles along with apparatus/computer and printer. It further surfaced that Syed Muhammad Ameen and Muhammad Sualeh were providing counterfeit currency notes while Ms. Rohi Waqar working as Data Entry Operator in NADRA office played instrumental role in commission of crime by providing date against old NICs. Accordingly FIA submitted the interim challan showing applicant/accused, Syed Muhammad Hanif and Zakir Hussain in custody while Muhammad Amin, Muhammad Sualeh and Ms. Rohi Waqar as absconders. Learned counsel for the applicant submits that case of the present applicant is similarly placed to that of co-accused Qazi Muhammad Naseem who was arrested from the spot along with the present applicant. Learned counsel has pointed out that from the possession of co-accused Qazi Muhammad Naseem few C.N.I.Cs were recovered, but from the possession of the present applicant only one US Dollar allegedly counterfeited was recovered. He says that the principal accused has already been admitted to bail therefore similar treatment may be extended to the present applicant and he may also be enlarged on bail by following the rule of consistency. Learned counsel further submitted that another co-accused namely Zakir Hussain whose name did not appear in the F.I.R. but he was subsequently implicated in the present crime has also been enlarged on bail by this Court per order dated 30-12-2011 in Criminal Bail Application No.1413 of 2011. On the other hand learned standing counsel has opposed the grant of bail to the present applicant and submitted that applicant was arrested at the spot and a currency note being US Dollar 100 was recovered from his possession. He says that applicant may not be enlarged on bail. It is an admitted position that at the time of arrest and recovery no private person from the vicinity was associated to act as mashir or as a witness though the raid was conducted on the spy information by the FIA authorities. It is alleged in the F.I.R. that Syed Muzammil Zaidi had allegedly made payment of Rs.8,000 to co-accused Qazi Muhammad Naseem for preparing fake CNIC but such person was neither cited as prosecution witness in the challan nor his statement under section 161, Cr.P.C. was recorded. Entire material/ documents have not been placed by the prosecution before the trial Court as per challan. The case of the prosecution is based on documentary evidence and the prosecution has failed to point out any material which prima facie connects the present applicant with the commission of the offence. In view of above, since the principal accused Qazi Muhammad Naseem and another co-accused Zakir Hussain have already been admitted to bail and the case of present applicant is similarly placed and this case requires further enquiry in terms of subsection (2) of section 497, Cr.P.C. Accordingly present applicant Syed Muhammad Hanif is also admitted to bail on his furnishing solvent surety in the sum of Rs.100,000 (rupees One Lac) and P.R. bond in the like amount to the satisfaction of the trial Court. M.W.A./M-5/K Bail granted.