' GHULAM RABBANI, J.-This application has served its purpose and is disposed of accordingly.
2. Granted subject to all just exceptions, for the time being.
3. On behalf of applicant this bail application has been filed in Crime No. 147 of 2005 registered with Police Station Clifton, Karachi under sections 406 and 420, P.P.C.
' In the instant case incident is said to have taken place on 9-4-2t)05 while F.I.R. Has been lodged on 12-10-2005. In nut shell, the prosecution story as per F.I.R. Is that at the instance of present applicant Akhlaq-ur-Rehman, one Muhammad Ameen, Complainant in the above crime in presence of one Sikandar Shaikh delivered 881 grams of gold to coaccused Ali Yaqoob, a Salesman employed in the shop owned by the applicant. The gold so delivered was to be returned by .Said co-accused Ali Yaqoob within 15 days however, after expiry of stipulated period of time the same was not returned and on inquiry complainant was informed that co- accused Ali Yaqoob has taken away the gold. It is alleged that complainant did not receive the gold despite repeated requests which has been misappropriated by applicant and co-accused Ali Yaqoob.
' The above bail application was placed before me around 2-25 . p.m. When applicant Afaq-ur- Rehman along with his father Raees-ur-Rehman and his Advocate Nasir Rizwan Khan appeared before me when they were informed that since I was busy in some other important Court work the same would be taken around 3-15 - 3-30 p.m. And when I called, the matter Mr. Nasir Rizwan Khan, learned counsel for applicant along with his above named associate appeared before me in shabby condition with a torn tie in his hand and informed that police of Clifton ' Police Station accompanied by many other persons appeared within premises of Court building in an awesome manner and exceedingly ferocious mood treated him and his associate very badly and forcibly took away the applicant and his father in a police mobile vehicle after they were man handed while they were waiting to be called in the Court. He prayed that this bail before arrest application be converted into bail after arrest in the above stated circumstance and the applicant be released by an interim order on consideration of grounds next the follow as he genuinely apprehended that there was every likelihood that the applicant might be brutally treated by the police having already dealt with them in an inhuman manner within premises of Court building in presence of many employees of the Court, the details whereof, according to him, would be separately placed before Honourable Chief Justice. He beseeched that his requests in such are exceptional and extraordinary circumstances be taken into consideration. Order accordingly.
' The grounds taken by learned counsel for applicant are that the complainant has, with malicious intentions and ulterior, lodged F.I.R. With an inordinate delay of more than six months. Raeesur Rehman father of the applicant has already filed on 9-7-2005 in the Court of VIII Judicial Magistrate a Civil Suit No. 665 of 2005 against P.W. Sikndar Shaikh which is still pending adjudication and that at the instance of said Sheikh Sikandar the complainant Muhammad Ameen has lodged the above F.I.R. In the month of October, with false story involving the applicant to pressurize his father to withdraw the said suit; main accused Ali Yaqoob has already been released on bail vide order dated 1-9-2005 passed by learned 3rd Additional District and Sessions Judge, Karachi South, the offences as alleged in the F.I.R. Do not attract the prohibitory clause of section 497 and that the applicant is no more required for the purpose of investigation since challan has already been submitted. Other ground pressed into service by learned counsel for applicant is that the unwarranted ill-manner and bad attitude adopted by police in the circumstances of the case are reflective of bias and their ill- motive leading to reasonable apprehension that life of the applicant is in danger.
' Considering the above facts and circumstances, the applicant is admitted to interim bail subject to his furnishing surety in the sum of Rs.25,000 (Rupees twenty five thousand only) and P.R. In the like amount to the satisfaction of the Nazir of this Court. To come up for confirmation or otherwise on 13-3-2006. Issue notice to learned Advocate General, Sindh for the said date.
' Learned counsel for applicant has now, informed that applicant is confined with the police in Clifton Police Station. (Mice to issue release writ accordingly.