5. For what has been stated above, this petition is allowed and the petitioners are admitted to bail subject to furnishing MUHAMMAD AFZAL SOOMRO, B J.---Through this application applicant Abdul Waheed Siddiqui has approached this Court for bail in a case bearing F.I.R. No.20/2003 for offences under sections 409, 420, 161, 468, 471 and 34 read with section 5(2), Act II, of 1947 of Anti-Corruption Police Station, Karachi.
2. The record shows that this is second application moved on behalf of the applicant as the earlier one was dismissed by this Court on 20-11-2003.
3. The applicant moved application repeatedly before the learned Special Judge Anti-Corruption (Provincial) Karachi, but were declined. Lastly through the impugned order dated July 7, 2005, learned Special Judge Anti-Corruption (Provincial) Karachi, declined bail to the applicant, hence the present application.
4. The crux of the prosecution case is that on 6-5-2003 at about 6-00 p.m. Complainant Inspector Nazeer Sheikh, Anti-Corruption Establishment Sindh, Karachi set the law into motion by registering F.I.R. Which reads as follows:-- "Today on 6-5-2003, a raid was conducted under the supervision of First Class Magistrate with the permission of competent authority at the office of Pink City situated at Gulshan-e-Iqbal, Baitul Farman Plaza, First Floor. From the perusal of the record so far secured under proper Mashirnama in presence of supervising Magistrate and Mashirs, it transpired that an amount of Rs.2,45,86,300 was received from the persons to whom plots were allotted in Pink City under the title of Wirsa Construction in Scheme No.33, Deh Doozan, N.A. Class No.21, District Malir, Karachi by the Builder, Beena Khan, Najam, Waheed Ahmed Siddiqui and an amount of Rs.4,55,12,180 are to be recovered from the allottees as outstanding amount against 682 Nos. Of plots so allotted to various persons.
The land is the Government land which has been given to the persons with the consent of and in connivance of the Ex-Mukhtiarkar, Tapedar Khalil of Scheme 33, Malir, Karachi. The Tepadar Khalil of Scheme 33 and Ex-Tapedar Tharoo Shah, they have prepared the false record for getting the land regularized from the Government by accepting Rs.40,000 from the Builders, as illegal gratification.
And thereby, Tapedar Khalil, ExMukhtiarkar and Ex-Tapedar (Retired) Tharoo Shah in connivance with Beena Khan, Najam and Waheed Ahmed Siddiqui and others caused wrongful loss to the tune of Rupees about 9,94,09,480 and wrongful benefit to themselves and thereby committed cognizable offence under sections 409,- 420, 468, 471, 161 and 34 P.P.C., read with 5(2)-II-47. Hence, this case is registered on behalf of State."
5. The investigation followed and in due course the applicant was sent up to stand trial jn the competent Court having jurisdiction.
6. I have considered the submissions of the learned counsel for the respective parties and perused the record. It has been contended by learned counsel for the applicant, that the case against the applicant is false who has been involved in the background of enmity and suspicion. It has also been contended that the involvement of the applicant is this case is due to mala fide and ulterior reasons on the part of police in collusion with the complainant party. On all these scores it has been contended by learned counsel for the applicant that it is a fit case where the bail could be extended to the applicant.
7. As against the arguments of the learned counsel for the applicant, learned State counsel has vehemently opposed the grant of bail on the ground that the applicants are involved in a big fraud and there is incriminating evidence against them. No new ground has been urged by the applicant in his bail application and lastly he has contended that the public at large has been cheated by the applicant.
8. I have considered the arguments of the learned counsel for the respective parties and perused the record for what has been stated above, I am of the considered view that learned counsel for the applicant has not been able to make out a case for bail. Accordingly Bail Application No.690 of 2005 stands dismissed and the same stands disposed of.