2017 PLP 446 (YLRN)

AFTAB AHMED GORAR, J.

By this common order I intend to dispose of instant Bail Application No.356/2017 filed by applicant Abdul Wasay Soomro son of Ghulam Shabbir Soomro and Criminal Bail Application No.357/2017 filed by applicant Zeeshan Hanif Khan son of Muhammad Hanif Khan a both the same are upshot of one and same crime viz. FIR No.05/2017, under sections 419/ 420/468/471/109/34, P.P.C. read with section 5(2) PCA-II 1947 and section 30(f) of NADRA Ordinance, 2000, registered at P.S. FIA, Anti-Corruption Circle at Karachi. The brief facts of the case are that the accused persons in order to usurp the property/plot bearing No.B-101, Sector 3/A, Gulistan-e-Johar, Karachi get issued fake CNIC and tampered the record of NADRA database and thereafter, applied for ownership of the said property on the basis of fake forged CNIC, therefore, instant FIR was registered. Learned Counsel for the Applicants contends that the applicants are innocent and have falsely been implicated in the instant crime at the whims and wishes of the Investigating Officer with mala fide intention. He further contends that there is no direct or indirect evidence against the applicants therefore, the applicants are entitled for grant of bail at this stage. Learned counsel, further contends that the prosecution evidence is based on the documents, which cannot be influenced and tampered if they are enlarged on bail. He prays that the applicants may be enlarged on bail at this stage. To support his contention he has relied upon the case of Muhammad Younuf v. The State reported in 1997 PCr.LJ 21, the case of Sajjad Hussain v. The State reported in 1996 PCr.LJ 1437, the case of Hussain Haqani v. The State reported in 2000 PCr.LJ 161 and the case of Nasir v. The State reported in 2000 PCr.LJ

165. Learned Standing Counsel opposes the grant of bail to the applicants. He submits that the sufficient material is available on record, which prima facie connect the applicants in the instant crime. He further submits that the accused persons have tampered the record of NADRA and prepared fake NIC therefore, they are not entitled for grant of bail. I have heard Mr. Qamar Iqbal counsel for the Applicants and Mr. Muhammad Shoaib Standing Counsel, so also perused the material available on record with their assistance. The entire case is based on documentary evidence which has already been collected by the prosecution, as such in my humble opinion there is no likelihood of tampering with the prosecution evidence at all. More substantial evidence was needed to prove criminal liability of accused persons, which could only be done at trial by recording evidence as such his further detention would not serve any useful purpose. Investigation Officer present in Court submits that he is going to submit final charge sheet before the trial Court within a couple of days, which reflects that the investigation has already been completed and accused is no more required for further investigation. The above version finds support from the dicta laid down by the Honourable Supreme Court of Pakistan in the case of Saeed Ahmed v. The State reported in 1996 SCMR 1132, relevant portion is reads as under:-- "Case against the accused entirely depended upon documentary evidence which was in possession of the prosecution and there was no possibility of tampering with the same. Petition for leave to appeal was converted into an appeal and the accused was admitted to bail in circumstances." In another case of Sheikh Mukhtar Ahmad v. the State reported in 2011 MLD 1761, it has been observed that:-- "All the documentary evidence having been collected by the prosecution, the same was not likely to be tampered with by the accused. Case of accused fell within the purview of further inquiry. Accused was admitted to bail in circumstances. In view of above facts, circumstances and case-laws, I am inclined to grant bail to the Applicants Abdul Wasay Soomro and Zeeshan Hanif Khan subject to furnishing solvent surety in the sum of Rs.200,000/- (Rupees Two Lacs only) each and P.R. Bond in the like amount to the satisfaction of the learned trial Court. Both bail applications stands disposed of accordingly. WA/A-40/Sindh Bail granted.