FAHIM AHM ED SIDDIQUI, J. This single order will dispose of the all the aforementioned criminal bail applications, as the same arise from one and the same FIR. The applicants are facing trial in a case registered against them vide FIR No. 54 of 2020 lodged at Police Station Sir Syed Town, Karachi under sections 468, 420, 406 and 34, P.P.C.
2. I have heard the arguments advanced by learned counsel for the parties and have gone through the relevant record as well as cited case laws. After edifying myself from the arguments advanced and perusal of record, I have observed as under:
(a) The allegation against the applicants Muhammad Hammad Khan (Cr. Bail Application No. 201/2020) and applicant Inam Azam (Cr. Bail Application No. 204/2020), who were present in Court on interim pre-arrest bail, granted to them through earlier orders dated 17.02.2020 and 18.02.2020 respectively are that they entered into an agreement with the complainant regarding transaction of some immovable property in consideration of certain amount through applicant Saleem (Cr.
Bail Application No. 252/2020), who is in custody.
(b) Although the allegation against the applicants is for cheating and defrauding, but the complainant's counsel states that the matter is about to patch up between the parties. However, he raised some allegations against the applicant Saleem, who is admittedly a property broker. The counsel for the applicants admits that the amount handed over to the parties directly with whom the complainant is under negotiations.
(c) So far as the role assigned to the applicant Saleem is concerned, he being estate agent has connected the parties in the deal.
(d) From the entire scenario it appears that the dispute between the B patties is purely of civil nature, which was given a colour of criminal proceedings.
(e) Although some agreements were signed but no negotiable instrument was exchanged from either party in the name of applicant Saleem.
(f) Since the complainant is already under negotiations with those persons, who claim to be the owners/interest in the property through some other persons, as such the case for confirmation of bail has been made out in favour of applicants Muhammad Hammad Khan (Cr. Bail Application No. 201/2020) and Inam Azam (Cr. Bail Application No. 204/2020). Besides, the I.O. has submitted the final report before the trial Court, wherein the name of the applicant Muhammad Hammad Khan has been mentioned in column-2.
(g) As far as the bail of applicant Saleem is concerned, he is nothing, but an estate agent and from the record it appears that he is not the beneficiary of the transaction, as such case of bail has also been made out in his favour.
3. In the existing position of affairs, interim pre-arrest bail granted to the applicants Muhammad Hammad Khan (Cr. Bail Application No. 201/2020) and Inam Azam (Cr. Bail Application No. 204/2020) through earlier orders dated 17.02.2020 and 18.02.2020 respectively Was confirmed on the same terms and conditions, while the applicant Saleem (Cr. Bail Application No. 252/2020) was admitted to bail subject to furnishing solvent surety in the sum of Rs.100,000/- (Rupees One Lac Only) each and PR bond in the like amount up to the entire satisfaction of the learned trial Court, through my short order dated 23.04.2020; and these are the reasons for the same.
4. Before parting, I would like to further observe that if the applicant(s) or any one of them after getting bail fail to appear before the trial Court and the trial Court is satisfied that the applicant(s) has/have misused the concession of bail and became absconder(s) then the trial Court is fully authorised to take every action against the applicant(s) and his/their surety including cancellation of the bail without making a reference to this Court.
All the aforementioned criminal bail applications stands disposed of.