MUHAMMAD FAROOQ KHAN Versus PROVINCE OF SINDH Muhammad Zafar

ORDER

Allowed.

2. Regarding office objection learned counsel says that in this petition both prayers have been made viz., quashment of F.I.R. as well as bail. In our opinion, both these prayers cannot be granted in the petition we are treating this petition as application for bail before arrest. Office to number the same.

3. Allowed subject to all just exceptions.

4. Learned counsel says that there is a dispute over a property between the petitioner and the respondent No.5 who is an Estate Agent pursuant to which respondent No.5 has lodged F.I.R. bearing No.203 of 2007 of Police Station Shahrah-e-Faisal, Karachi in which the applicant has obtained bail and is regularly attending his trial. In support of his submission, he has relied upon an order, dated 26-4-2007 passed by learned IVth Judicial Magistrate, Karachi East titled the State v. Muhammad Farooq Khan and another with ulterior motive. Respondent No.4, who is a friend of respondent No.5 and lives in Larkana, has lodged another F.I.R. bearing No. 53 of 2007 of Police Station Waleed Larkana. According to learned counsel, in any case, on the date of incident mentioned in the said F.I.R. viz. 3-2-2007, .the applicant was present in Karachi. In support of his submission, he relied upon the diary sheets of learned Vth Additional Sessions Judge, Karachi East in Sessions Case No.214 of 2003 and Xth Judicial Magistrate, Karachi East in Criminal Case No.108 of 2005. Hence, per learned counsel, both the F.1.Rs. are motivated and have been filed to harass and humiliate the applicant. Therefore, learned counsel pray for interim bail before arrest in the latter F.I.R. viz. No.53 of 2007.

5. We have heard learned counsel and perused the documents attached to the petition with his assistance. Prima facie. It appears that the applicant was present at Karachi on the date of incident when the F.I.R. was lodged at Larkana. Without touching the merits of the case, interim bail is granted to the applicant, subject to his furnishing surety in the sum of Rs.2,00,000 (Rupees Two Lac only) and PR bond in the like amount to the satisfaction of Nazir of this Court. Issue notice to the learned Advocate General, Sindh, to come up for confirmation or otherwise on 30-5-2008.

H.B.T./M-19/K Bail granted.