ORDER SHEET
--------------------------------------------------------------------------------------------------------------------
Date Order
with signature of Judge
--------------------------------------------------------------------------------------------------------------------
DATE OF HEARING 26.10.2015
Mr.
Muhammad Jafar Raza Advocate for the applicant.
Mr.
Muhammad Javed K.K. Standing Counsel alongwith
Sub-Inspector Muhammad Akram Baloch I.O. of the case.
Syed Hasan Azhar Rizvi J; By this
order I intend to dispose of instant Criminal Bail Application filed by the
Applicant Muhammad Kamran son of Muhammad Farooq.
Learned
Counsel for the Applicant contended that the Applicant is absolutely innocent
and has falsely been implicated in the present case. According to learned
Counsel the Applicant is a well-educated person and he is carrying the Student
Consultancy business since 2002 and had already sent numerous students abroad
for Higher Studies and has never been alleged with this crime earlier. He urged
that the complainant has no locus standi to file this complaint as the entire
complaint is based on hearsay evidence. Learned Counsel further contended that
the offence does not fall under prohibitory clause, hence the applicant is
entitled for grant of bail at this Stage. According to him section 6(1)9e) of he Passport Act, 1974 has only been added in the instant FIR
to bring this case under the purview of the FIA. He has relied upon 1995 PLD SC
34, 1996 SCMR 1132, 2001 YLR 812, 2001 P.Cr.L.J. 157, 2002, P.Cr.L.J. 430, 2009
SCMR 1488, 2014 P.Cr.L.J. 186 and 2015 P.Cr.L.J. 883.
Learned Standing
Counsel vehemently opposed the grant of bail to the Applicant and submitted
that the name of the Applicant is mentioned in the FIR and he is involved in a
heinous offence of preparing forged decrees and other documents whereby cheated
the innocent people. He has relied upon 2002 SCMR 442 and 2010 SCMR 735.
I have heard Mr. Muhammad Jafer Raza Advocate for the
Applicant, Mr. Muhammad Javed K.K. Standing Counsel
alongwith SIP Muhammad Akram Baloch I.O. of the case and perused the material
available on record coupled with case laws with their assistance.
On tentative assessment of the material available on
record, it reflects that the Applicant was running a
institute/office of educational consultant in the name and style of M/s
Destination Europe, such fact has also been admitted by the Counsel for the
Applicant in para-3 of “Grounds” of his Bail Application. Applicant used to
arrange the fake/forged educational certificates/degrees of
universities/colleges. Applicant was arrested from his office and fake/forged
certificates and decrees prepared for different persons. Moreover, action of
the Applicant/accused in preparing a forged/fake documents i.e. certificates
and degrees of colleges and universities, so also bank statements on the basis
of which innocent people were defrauded/cheated, prima facie seemed to be more
serious than an action of a person who cheated the people by taking money.
Three other FIRs are also available on record, which
were lodged by different complainant/person for the same offence as in case
hand, which also reflects that the Applicant is habitual offender and he had
cheated numerous persons by his such illegal act. However, no enmity, ill-will
or grudge has been alleged against the Complainant to falsely implicate the
Applicant in the instant crime. Therefore, I do not find any reason to
disbelieve the version of the prosecution as sufficient material is available
on record which prima facie connects the applicant in the instant crime.
Above are the reasons of my short order dated 26.10.2015 whereby present
Bail Application was dismissed. I.O. was present in Court submitted that interim challan has already
been submitted and final challan will be filed within a period of (15) days
from today. Therefore, the Trial court was directed to decide the trial within
a period of forty-five (45) days fom the date of receipt of final challan. Applicant is at liberty to move fresh Bail Application (if so
advised), if the case is not concluded by the trial Court within a stipulated
period. Compliance report about the progress of the case be submitted to the MIT on weekly basis.
The observations made in the order are of tentative
nature and the Trial Court shall not be influenced by any of such observations.
Karachi.
Dated:
______________ J
U D G E