1. ' MUHAMMAD TASNIM, J.---Complied with.
2. The applicant is facing trial before the Court of Special Judge (Central-II), Karachi in Crime No,1 of 2010 registered at Police Station FIA, Crime Circle, Karachi under sections 406, 409, 420, 468, 471, 477A and 109/34 P.P.C. Read with section 5(2), Prevention of Corruption Act, 1947. Since at the relevant time the said Court was vacant, the applicant directly filed this bail application before this Court.
2. ' At the hearing of the bail application it was pointed out that the Court is no more vacant and a presiding officer has been posted, however, learned counsel for the applicant submitted that she is willing to proceed with this bail application and will forgo her right of filing of a bail application before the trial Court. The learned Standing Counsel also has no objection to such arrangement and was willing to argue this bail application. Accordingly, the same was heard by consent of the parties.
3. ' Learned counsel for the applicant submitted that, neither the name of the applicant appears in the F.I.R. Nor is he connected with the floating of the tender. She further states that the applicant has not caused any pecuniary loss to the Organization as he was not connected with the tender in any way. She, however, submits that the name of the applicant was added by way of interim challan when he was falsely implicated in the case on the basis of statements made by Iqrarul Haq and Hakeem Khan, who, according to the learned counsel, ought to have been arrayed as accused in the case but have been shown as witnesses. The learned counsel has placed reliance on the reported judgments in the cases of 1969 SCM R 233, PLD 1972 SC 81 and 1999 SCM R 1271.
4. ' On the other hand, the learned State counsel submitted that the co-accused have moved bail applications before the trial Court which have been dismissed vide order dated 3-3-2010. He has placed on record a copy of such order. The learned counsel for the State further submitted that the applicant is connected with the commission of an offence causing huge loss to a State organization. He submitted that the two witnesses, namely, Iqrarul Haq and Hakeem Khan, have involved the present applicant in the said crime in their statements under section 161, Cr.P.C.
5. From perusal of the record it transpires that the F.I.R. Was lodged on 16-1-2010 wherein the name of the applicant was not mentioned. It was only on the basis of the statements of witnesses, Iqrarul Haq and Hakeem Khan, that the present applicant was cited as one of the accused in the interim challan. Even in the interim challan no A role has been assigned to the present applicant. The case is of further inquiry. Accordingly, this bail application is granted and the applicant is admitted to bail subject to his furnishing solvent surety in the sum of Rs.200,000 with P.R. Bond in the like amount, to the satisfaction of the trial Court.
6. ' The observations made hereinabove are tentative in nature and the trial Court shall not be prejudiced by the same while deciding the case on merit.