ORDER SHEET

HIGH COURT  OF SINDH, KARACHI

Cr.Bail No.76/10

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Date                                                    Order with signature of Judge

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25.1.2010

M/s Khawaja Naveed Ahmed, Advocate for applicant.

Mr.Muntazir Mehdi, APG

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            Applicant Muhammad Tariq is involved in Crime No. 612/09 u/s 395, 452, 324  PPC, P.S. Gizri , Karachi.

            It is alleged that the owner of the house asked his employee, complainant of the FIR,  to go and collect some documents from his house. When the  complainant  reached the said house,  he found that a van was being loaded with the belongings of the owner and on his query about the same, he was beaten and extended threats of dire consequences. He, therefore ran away.

Learned counsel for the applicant states that there is a civil dispute and in this connection a Suit for specific performance was filed  by the applicant in the High Court of Sindh against  the owner on 23.11.2009  and an order of interim injunction was obtained. However, as per the learned counsel the said suit was  subsequently withdrawn.

A bare reading of the injunction order shows that in order to confirm as to who was in possession of the house  Nazir of this Court was appointed Commissioner. The alleged  illegal occupation was reported  on 25.11.2009 and FIR was registered on 26.11.2009. On the same day i.e. 26.11.2009 the Nazir also went  for inspection. The police on the basis of the said FIR  arrested the applicant.  In  the above order it is mentioned that major part of the sale consideration was paid and  after payment  of the remaining amount the possession shall  be handed over to the applicant. This clearly establishes that applicant  was not given possession  by the owner and therefore he had no right to enter the house  unless the transaction of sale is complete. From the contents of the FIR direct role has been assigned  to the applicant of illegally attempting to dispossess the owner. The very claim of the applicant in his suit that he is in possession prima facie establishes that he illegally occupied the house of its owner.  Therefore, the bail application is dismissed.

                                                                        JUDGE

sharif