1. ORDER ALI MOHAMMAD BALOCH, J.- Special Investigation Cell Karachi East, sent a written complaint to P.S. Jamshed Quarters, District East Karachi, which was recorded as FIR No. 271/94 of P.S. Jamshed Quarters, by Inspector Arif Jah Siddiqui. The facts given in this complaint are to the effect that one accused Mohammad: Sabir was involved in Cr. No. 255/94 of P.S. Clifton and in Cr. No. 78/94 of P.S. Brigade, that he along with one M Aslam Durrani had purchased the stolen cars from one Sardar alias Takar and one Ishtiaq. It further disclosed that with the help of present applicant Said Farooqui who is a Cleric in the Excise Office, and one Ilyas, They had arranged forged documents of these cars and entrusted the same to one Abdul Wahab for the purpose of selling those cars. A. Wahab produced three Suzuki Cars before the Special Investigation Cell which were seized and the investigation was made, this complaint was thereafter registered against the present applicant and co-accused Ilyas for offence U/Se:420, 468, 471, 411, 412 r/w Section 34 PPC.
2. Present applicant was arrested and was challaned in this case. An application for his bail was moved before the IIIrd Addl: Sessions Judge Karachi East. The trial Judge rejected the same on 21.9.1994 and thereafter the applicant has-come to this Court for grant of bail. The allegation against the present applicant is that the accused in the two previous cases have named him to be their colleague and that the police during the investigation of this case recovered from his house blank registration books and some seals. Learned counsel for the applicant argued that there is no evidence against the present applicant having forged the papers in respect of the stolen cars in the other two cases and that the accused has not been involved in those cases. When this application was partly heard on 12.10.1994, Mr. K.W. Nadeem AA.G for the State had conceded to the grant of bail and had pointed out that the Investigating Officer in this case has misconducted himself as according to him the present case should have been entrusted to the Anti-Corruption Establishment, as the applicant was employee of Excise Department and he had also stated that he concedes to the grant of bail to the applicant. Thereafter this Court , wanted to seek explanation from Incharge Special Investigation Cell Mr. Arif Jah Siddiqui and the case was adjourned for his appearance but he did not appear. Finally arguments on bail application were concluded on 31.10.1994 when Mr. S. Amjad Ali Shah A A.G for the State had appeared.
2. I have heard arguments of the learned counsel and gone through the record of the case also.
3. Before making search of the house of the applicant the police did not comply with the provisions of Section 103 Cr.P.C and the police did not secure the attendance of persons of the locality to act as mahsirs in this case. The police has shown M Aijaz and Ghulam Abbas, police employees members of SIC as the first two mahsirs. Surprisingly a third name of M. Aslam a Subzi-frosh has also been added as a mashir. The recovery of the blank registration books from the house of the Clerk of Excise Department does not provide the proof of commission of the forgery against the applicant.
4. There is no other incriminating article shown in the recovery memo. No other evidence of the involvement of the present applicant has been pointed Out by the learned A A.G. The learned counsel for the applicant has pointed out that investigation in this case is mala fide and as much as Sections 468 and 471 are not cognizable by police U/S 155 (2) Cr.P.C. On this point the counsel for the applicant has relied on the case reported in PLD 1964 (W.P.) Karachi 381 and the case reported in 1991 P.Cr.L J 2418. Under these circumstances. I consider that this is a fit case for grant of bail to the applicant. Consequently the applicant is allowed bail and the applicant is ordered to be released on bail subject to his furnishing surety in the sum of Rs: 50,000/- with P.R. Bond in the like amount to the satisfaction of the trial Judge.