RAI CHAND Versus State
ORDER
AFTAB AHMED GORAR, J.--- Applicant accused Rai Chand son of Arjun Lal earlier was granted ad interim pre arrest bail by this court vide order dated 09.11.2017; hence same ripe up for confirmation or otherwise. Applicant accused has been booked in Crime No. 497 of 2017, Police Station Preedy, Saddar [Karachi] registered under sections 420, 468 and 471 Pakistan Penal Code.
2. The sum and substance of the prosecution story as is envisaged in the First Information Report are that with reference to roznamcha entry vide No.9 dated 18.10.2007, ASI Alfred James received a statement recorded under section 154, Cr.P.C. by Anwar Ali son of Hadi [complainant] as per verbatim it reads as follows:-
"Old Annexy Building Sindh High Court, Karachi dated 18.10.2007 at 1430 hours, the statement under section 154, Cr.P.C., from Anwar Ali son of Hadi resident of House No.601, Block 'A', Belle View Apartment, Garden East, Karachi, who stated that I am residing at above mentioned address and serving as Assistant Registrar in Sindh High Court. A petition No. D-6345/20I6 is pending in Sindh High Court which is against Department of Agriculture and others. The advocate Muhammad Nishat prayed to the Court that in the petition to issue the stay order, but the Hon'ble Court did not grant the stay order, however issued notices. The advocate appearing in the matter, directed to the petitioner to send legal notice to Agricultural Department, intimating that matter is adjudication before the Court, restraining to pass any order. Beside to it, copy of legal notice handed over to the petitioner Rai Chand. On 06.03.2017, Rai Chand and Qurban Ali (Field Asstt. Sukkur), both rushed at the office of advocate Nishat Warsi, and shown stay order. When advocate came to know that Rai Chand submitted the legal notice with regard forged signature of Judge, posing as stay order. On query, advocate came to know that no such order issued, hence on 09.03.2017 advocate moved an application to the Hon'ble Registrar, High Court of Sindh, and in pursuance thereto, Additional Registrar, appointed as enquiry officer, and during the proceeding of enquiry, it is proved that copy of legal notice of advocate Nishat Warsi, was shown by Rai Chand son of Arjun Lal as stay order, hence submitting of false/fake documents, committed offence of cheating and fraud; hence this FIR."
3. Mr. Muhammad Imran Ameer, advocate representing the applicant inter alia contends that applicant is innocent and has been falsely implicated in the present case with mala fide intention and ulterior motives; per learned counsel applicant has nothing to do with the present crime because the allegations are against one Qurban who is responsible for the episode; per learned counsel this is a fit case requires further probe into the guilt of applicant accused; per learned counsel there was whatsapp through which the same order was conveyed to the present applicant as such the whatsapp bears some other cell number which does not possess by the present applicant accused; per learned counsel there is statement of present applicant confessing his guilt but it seems to have been extra judicial confession because it is only statement and is not a statement before the Magistrate; per learned counsel at the bail stage always tentative assessment is to be looked into; lastly learned counsel prayed that the ad interim pre arrest bail earlier granted to the applicant accused may be confirmed on the same terms and conditions.
4. Mr. Sagheer Ahmed Abbassi, learned Assistant Prosecutor General oppose the confirmation of ad interim pre arrest bail with the plea that applicant has committed an offence ashamed to the public at large; per learned APG applicant accused confessed his guilt by recording his statement before the inquiry officer; per learned APG there is sufficient material which would prima facie connect the applicant accused with the commission of offence; per learned APG the applicant is not entitled for the confirmation of bail because there is documentary evidence available with the prosecution which ought to have suffice totality of thing when trial commences; per learned APG the ad interim pre arrest bail earlier granted to the applicant may be dismissed owing to the circumstances of the case.
5. Heard and perused.
6. Admittedly, applicant accused is nominated in the FIR with specific role getting benefit of forged and fabricated signature over a stay order by flow of whatsapp it is just an offence which had caused harm to the practice and procedure of the court work. As per inquiry initiated against the whole episode advocate Mr. Muhammad Nishat Warsi by making things transparent introduced following words in his statement, recorded by the Inquiry Officer which reads as follows:-
"On 15.09.2017 as some of the petitioners have come to my office including Mr. Rai Chand and in presence of some of the petitioners Mr. Rai Chand has accepted his fault and also shown his willingness to come in the inquiry and to get recorded his statement and to tender the apology."
7. In the case in hand, there is crystal clear violation of rules and the mandate of law by putting forged and false signature of the Hon'ble Judges of this Court over document only to gain ill will meaning thereby the present applicant accused so for is entitled to be dealt with in accordance with the law rather to be enlarged on bail. There is nothing on record to show any mala fide or ulterior motives on the part of complainant. As to the contention of learned counsel that whatsapp number belongs to some other person, it is yet to be determined at the trial when the evidence comes on record. There is documentary evidence against the present applicant held with the prosecution which is sufficient material to dismiss the bail plea of the applicant.
8. The upshot of above discussion is that the ad interim pre arrest bail earlier granted to the applicant accused vide order dated 09-11-2017 is hereby recalled and bail plea of applicant accused for confirmation stands dismissed. The applicant accused is present in court is taken into custody and is remanded to the jail. Office is directed to communicate this order to the learned trial Court for information.
MQ/R-12/Sindh Ad-interim pre-arrest bail recalled.