ORDER SHEET
IN THE HIGH COURT OF SINDH AT
KARACHI
Cr.B.A.No. 874 of 2023
(Nadeem Ahmed Siddiqui vs. The State)
Date Order
with signature of Judges
For
hearing of bail application
05.06.2023
M/s. Gul Muhammad Farooqui and Imran Mirani advocates
for the applicant
Mr. Muntazir Mehdi, Addl.PG for the State
Mr. Abdul Rehman advocate for the complainant
-.-.-.-.-.-.-.-.-.
It is alleged that the
applicant being official of KDA in collusion with rest of the culprits, managed
the fake documents for the plot, purchased/allotted to complainant Faheem Ahmed
Siddiqui, for that the present case was registered. On having been refused post-arrest
bail by learned Special Judge, Anti-Corruption Provincial Karachi, the
applicant has sought for the same from this Court by way of instant bail
application u/s 497 Cr.P.C.
It is contended by learned
counsel for the applicant that the applicant being innocent has been involved
in this case falsely by the police at the instance of the complainant party;
the FIR has been lodged with delay of about 14 years; offence alleged against
the applicant is not falling within prohibitory clause and civil suit on same
property is already pending adjudication before this Court wherein stay is
operating, therefore, the applicant is entitled to be released on bail on point
of further inquiry.
Learned Addl. P.G for the
state and learned counsel for the complainant have opposed to release of the
applicant on bail by contending that he has committed financial death of the
complainant by preparing fake and fabricated documents with regard to his plot.
Heard arguments and perused
the record.
The FIR of the incident
has been lodged with delay of about 14 years; such delay could not be
overlooked. There is no opinion of the handwriting expert which may suggest
that it was the applicant who actually has committed the alleged forgery. The
civil suit between the parties is pending adjudication before this Court. In
these circumstances, a case for release of the applicant on bail on point of
further inquiry is made out.
In view of above, the applicant
is admitted to bail subject to his furnishing surety in the sum of Rs.100,000/-
(Rupees One Lac Only) and P.R bond in the like amount to the satisfaction of
learned trial Court.
Instant
bail application is disposed of accordingly.
JUDGE