Haji ZAKIR vs THE STATE
The applicant sought bail in a criminal case registered under sections 420, 467, 468, 471, and 34 of the Pakistan Penal Code 1860 at Police Station North Nazimabad, Karachi, arising from Crime No. 104 of 2007, involving allegations of forgery and cheating related to the Gothabad Scheme. The core legal question was whether the applicant was entitled to post-arrest bail considering the incriminating recovery and allegations. The Sindh High Court held that the contention regarding the foisting of the incriminating register cannot be examined at the bail stage. Consequently, the court disposed of the bail application with a direction to the trial court to examine the complainant and the investigating officer preferably within three months, granting liberty to the applicant to move for bail afresh thereafter.
- Can the question of whether an incriminating recovery was foisted upon an accused be examined at the bail stage?
- What is the remedy for an accused whose bail application is disposed of with a direction for expeditious examination of key witnesses?
- Section 34, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 467, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
1. ' MUSHIR ALAM, J.---The applicant is facing trial in Crime No,104/2007 for an offence under sections 420, 467, 468, 471, 34, P.P.C. Police Station North Nazimabad Karachi. The applicant was arrested on the implication of the principal accused Moula Bux, he was also named in the F.I.R. That he was also involved in the Gothabad Scheme. Applicant was arrested, recovery of purported forged register maintaining record, forged entry and prepared sanad of the property under Gothabad scheme.
2. Though learned counsel for the applicants states the incriminating register has been foisted such ground cannot be examined at the bail stage. Since the accused are arrested learned Trial Court is directed to examine the complainant and the I.O. Preferably within a period of three months whereafter applicant will be at liberty to move bail afresh.
3. ' Listed bail application disposed of.