1. ' This criminal miscellaneous application under section 497(5), Cr.P.C. Has been filed by the applicant for cancellation of pre-arrest bail of two accused namely Naeem Baig and Muhammad Shakeel who are facing trial in the Court of 1st Additional Sessions Judge, Karachi Central in F.I.R.
2. No,106 of 1996, dated 18-4-1998 of Police Station Taimoris. Both the applicants/accused had appeared before the 1st Additional Sessions Judge, Karachi(C) and were granted interim bail before arrest on the ground that the case was registered with mala fide and ulterior motive and further that the applicants belonged to respectable families and their arrest would create a great humiliation, harassm ent and insult amongst their relatives and friends. The interim pre-arrest bail was confirmed by the 1st Additional Sessions Judge, Karachi Central vide order, dated 22-5-1999.
3. The grounds which weighed with the 1st Additional Sessions Judge, in allowing the interim pre- arrest bail were; firstly, that a civil dispute was pending between the applicant/complainant and the accused/respondents Nos.2 and 3 over the ownership of Plot No,336-B Block-L North Nazimabad, Karachi. Secondly, that the perusal of the record disclosed that in the investigation carried out by Temoris Police Station as well as in the re-investigation conducted by Sharifabad Police Station, both the Investigating Officers opined that the F.I.R./report suggested false implication of respondents Nos.2 and 3/accused persons; and thirdly, that the applicant/complainant with a view to harass and humiliate respondents Nos.2 and 3 were resorting to criminal litigation with a view to terrorise them and to make them accept his ulterior demands relating to the dispute over property.
4. ' An application for cancellation of bail can be moved on anyone of the five grounds namely; (1) that the order granting bail is absolutely contrary to the evidence on record from which a prima facie case of involvement of the accused is made out; (2) that the accused persons have misused the benefit of bail; (3) that there is a possibility of absconsion of the accused persons; (4) that there is a possibility of repetition of the offence charged with or commission of any other offence; and (5) that the accused are trying to tamper with the prosecution evidence. A bare perusal of the criminal miscellaneous application reveals that the petitioner has not raised a single of the aforesaid five grounds. The only contention advanced is that it is not for the police to consider as to whether pendency of civil litigation between the parties would be sufficient to hold a case to be false which in turn could be sufficient ground for enlarging respondents Nos.2 and 3 on pre-arrest bail. The contention advanced by Mr. Mustahsan Siddiqui, is without any substance and merits no consideration. The case was investigated by two Investigating Officers and both of them had come to the conclusion that the case appeared to have been filed by the complainant/applicant with mala fide and ulterior motive in order to coerce respondents Nos.2 and 3 to accept to his dictates in the dispute over property. Thus, there is a possibility that the arrest of respondents Nos.2 and 3 by the police might not be for meeting with the ends of justice but with ulterior motive for harassing and humiliating the two said respondents. In such circumstances, the pronouncement made by the Honourable Supreme Court in the case of Murad Khan v. Fazal E. Subhan and another reported in PLD 1983 SC 82 is applicable on all fours and the accused persons have been rightly granted pre-arrest bail so as to save them from being humiliated in the eyes of public at large, their friends and relatives. It was as a fit case where the benefit of pre-arrest bail ought to have been granted to respondents Nos.2 and 3 and the 1st Additional Sessions Judge, in granting interim pre-arrest bail and subsequently, confirming the same did not commit any illegality or irregularity.
5. ' Upon the above discussion, this criminal miscellaneous application stands dismissed in limine.