ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                Cr.Bail.Appl.No.S- 497   of  2014

DATE        ORDER WITH SIGNATURE OF JUDGE

05.12.2014.

Mr. Ishrat Ali Lohar, Advocate for applicant a/w applicant.

Mr. Ashfaque Ali Khaskheli, Advocate for complainant.

Syed Meeral Shah, D.P.G. for the State.

                                    =

SALAHUDDIN PANHWAR, J:      Through instant application, applicant seeks pre-arrest bail in Crime No.28/2014 u/s 420, 465, 468, 471 PPC registered at P.S. Baldia Hyderabad.

2.         Precisely, relevant facts are that on 28.04.2014 at 2130 hours complainant / SIP Nek Muhammad Baloch lodged FIR on behalf of the State, alleging therein that in compliance of order from SSP Hyderabad with regard to enquiry in respect of bogus short order produced by Ali Khan Jamali during inquiry, a letter was received alongwith verification letter by Registrar Sindh High Court from SSP Hyderabad to lodge the FIR. The letter was perused and on behalf of State case is registered that on 04.02.2014 at 1500 hours namely Ali Khan s/o Rab Rakhio Jamali produced copy of short order of Sindh High Court Karachi in respect of Suit No.786 of 2014 which was having photograph of Ali Khan Jamali. Such order was placed before the then SHO Baldia which was having coloured photograph of Ali Khan Jamali and it was also having round stamp of Sindh High Court Karachi, it was also having signature with black pen and the order was typed in English and written by the Honourable Chief Justice of Sindh Syed Maqbool Baqar dated. 21.10.2014. When it was perused its purpose was to show status quo on the H.D.A Scheme East Qasimabad under the jurisdiction of Police Station Baldia Hyderabad. The then SHO Inspector Bakhtiar Ahmed Memon doubted the sanctity of Court order, therefore, he sent it to the Sindh High Court Karachi for verification. The Registrar Sindh High Court sent a letter No.RHC/DA/1087 dated. 22.02.2014 to the SSP Hyderabad wherein it was confirmed that the order was fake. Moreover, he directed to the SSP Hyderabad to conduct the enquiry in respect of such letter. SSP Hyderabad handed over to hold enquiry in respect of Court order produced by Ali Khan Jamali to DSP Razi Khan Almani SDPO Chalghari Hyderabad, who conducted the whole enquiry and submitted enquiry report No.344/2014 dated 11.04.2014 to SSP Hyderabad. From the report, it was proved that Ali Khan Jamali managed the order of Sindh High Court Karachi and used it for illegal purpose. Therefore, he committed offence u/s 420, 465, 468, 471 PPC.

3.         The learned counsel for applicant contended that applicant is innocent and has falsely been implicated in this case; the story of prosecution case is false and unbelievable; complainant himself has managed the order of Honourable High Court; accused has been involved in this case due to enmity with police; FIR is delayed for about two months and no explanation is furnished by prosecution in this regard; the case of prosecution requires further enquiry at trial; all the PWs are set-up and interested in this case.

4.         On the other hand, learned D.P.G. appearing for the State vehemently opposed the bail application on the ground that applicant himself produced the copy of order of Honourable High Court and same on verification was found to be false, forged and managed; applicant / accused in order to save himself from facing the investigation has filed the instant bail application.

5.         I have considered the submissions of learned counsel for the parties and gone through the case file.

6.         The applicant / accused is alleged to have used a fake order as genuine while claiming the same to have been issued by the Honourable High Court of Sindh, Karachi in Suit No.786 of 2014. The purpose of producing such fake document before the police was not without any purpose, therefore, prima facie, it appears that the applicant / accused with active knowledge of document to be false / bogus attempted to take undue advantage by presenting it as genuine. The applicant, though has claimed malafide on part of police, but has produced nothing in support of such claim which could justify his plea of enmity or malafide of police. Had the document been not got verified the applicant / accused would have succeeded in his attempt of taking undue advantage. The applicant / accused has dared to use the name and authority of the High Court of Sindh which dare cannot be taken lightly else it may result in encouraging such people to use the authority of the Court (Orders) which might result in taking lawful order(s) of Court with suspicion, even. It appears that on verification from the High Court of Sindh, the Registrar Honourable High Court of Sindh vide letter No.1087 dated 22.02.2014 confirmed that order was false and directed for conducting enquiry in the matter. Case papers further reveal that the aforesaid order was produced by accused which was bearing photograph of accused, forged signature of Honourable Chief Justice and also forged seal of the Honourable High Court. Thus, available material, prima facie, links the applicant / accused with the commission of the offence wherein a deliberate attempt was made to use a false document as genuine order of the Court, therefore, applicant / accused is not entitled for concession of bail.

7.         Under these circumstances, I find no merits in the application and as such the same is hereby dismissed while interim pre-arrest bail order dated. 22.05.2014 is hereby recalled.

8.         Above are the reasons of my short order dated. 04.12.2014, whereby instant bail application was dismissed.     

                                                                                                                        JUDGE

Tufail