1. ' SARMAD JALAL OSMANY, C.J.---Learned counsel says that in fact the house in question is in Katchi Abadi, situated at Korangi Industrial Area, Karachi, where applicant has constructed one house along with so many others, for which no valid papers are available. However, it is the complainant, who is trying to occupy the plaintiff/applicant's house on false pretext and has, accordingly, filed an F.I.R. As counter blast to the suit filed by the applicant against him and one Qari Gul Muhammad, being Civil Suit No,732/2008, pending before the Court of XVII Civil Judge and Judicial Magistrate Karachi East. He has relied upon the sale agreement between one Abdul Jabbar and the applicant vis-a-vis house in question.
2. ' Learned counsel, therefore, prays for confirmation of bail earlier granted to the applicant. Learned DPG, in view of the civil nature of the dispute between the parties, does not oppose the confirmation of bail.
3. I have heard both the learned counsel as well as DPG. In my opinion, whether or not the applicant is an encroacher and land grabber would depend upon the outcome of the civil suit pending between the parties, hence the civil suit should be decided first before the criminal proceedings are taken in hand.
4. ' Consequently, for the foregoing reasons, I will confirm the interim bail granted in this case earlier to the applicant on the same terms and conditions.