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