1. ' The facts leading to present application for bail are that F.I.R. No,146 of 2002 was registered against the applicant/accused Muhammad Sadiq Awan at Police Station Boat Basin, Karachi under sections 468, 467, 471, 448, 454, 506-B, P.P.C. And after usual investigation he has been sent up to stand trial.
2. ' The contents of the F.I.R. Dated 17-8-2002 are 'reproduced hereinbelow in extenso:-- "Received written complaint from the complainant which is as under:-- ' 26-7-2002, S.H.O. Boat Basin Police Station Clifton, Karachi, Ref. Flat No,113, St.1, 1st Floor, Marine Drive, Clifton, Karachi.'
3. ' Dear Sir, ' May I bring to your kind attention that I have purchased above flat from one Mr. Ahmed Saeed Khan son of Muhammad Ahmed, resident of 30/26-B Area, Liaquatabad, Karachi holding NIC No,501-62-340539, December, 1997 this flat was bought by him from Messrs Kamran Construction (Pvt.) Ltd., Karachi and after having aid all necessary payments up to date he was handed over the physical possession of the said flat alongwith 114 and 115, Marine Drive, Clifton, Karachi which were adjacent to the said flat which are also bought by one directly from Messrs Kamran Construction (Pvt.) Ltd. After reporting the police, Boat Basin, Karachi and intervention by the said police the illegal occupants of 113, Marine Drive cleared their possession from 114 and 115, Marine Drive, Clifton, Karachi which are now under my control but they refused to clear 113, Marine Drive claimed that they have bought this flat from Mr. Muhammad Siddique Awan son of Muhammad Yaqoob Awan, resident of C-15/108, Gizri Road, Karachi in April, 2002. I wrote letter in this connection to (1) UK High Commissioner, (2) Army Monitoring Cell, (3) Union Council, Karachi (4) I.G.P./D.I.-G., Sindh (Operation), (5) President of Pakistan Gen. Pervez Musharraf I could not stay much longer in April, 2002, I have to go back to. UK due to my preoccupation but decided to come back in July, 2002 to pursue the case: After making inquiries of Mst. Khushnudi, her dishonestly I came to know that when they come to Pakistan from India, Bhopal a long time ago, they illegally occupied the premises belonging to a widow and depriving her from any financial gain due to their occupation of the said property that is 215/18, Samanabad, FB Area, Karachi. After harassment of nearly 17 years to that widow, depriving her of any financial gain, from that property the above Mst. Khushnudi and her children were eventually forced to leave the said property but before leaving that they caused tremendous damage to her property which ultimately caused several lacs of rupees to restore.
4. After the above incident, Mst. Khushnudi and her children occupied 1105/1104, Marine Drive, Clifton, Karachi. I do not know the exact position of 1105 but which I know for fact that they had illegally occupied 1104, Marine Drive to consider the time (a good number of year) finally sold that and made good illegal handsome profit. Out of this illegal fraudulent activities, then they disappeared for a short while and they decided to illegally occupy my flat i,e, 113 alongwith 114, 115 knowingly that I live abroad and they can enjoy this illegal occupation. I also learnt from Mst. Khushnudi that they have documents (of which I am sure that they are false) in their possession. That they have proclaimed from Muhammad Siddique Awan supposedly the seller of that flat.
5. ' I when contacted many times Mr. Muhammad Siddique Awan, Mst. Khushnudi and her children for vacation of the above flat but they are instead of vacating the above flat, abuses me, my family members and also extend threats that I or even my family members will be killed over for all in case, I visit these premises.
6. 'Kindly investigate this matter vigorously as I am sure that due to collaboration of Siddique Awan and Mst. Khushnudi they both are playing this fraudulent games which is causing are a hell of stress and financial losses. Kindly bring fraudulent person whosoever may be in this matter to book and severe detress punishment may lease be given to the fraudulent persons and it must be to the other people, so that nobody desire to play the same games in future. Finally I shall be grateful if the above flat is restored to me in its original condition. Which trustfully directed alongwith letter for a time and also considering a lot of valuable goods with several lacs of rupees each be possible for this reaction?
7. 'Please also referred to my letter dated 4-4-2002 duly recovered in D.I.-G., Investigation, Sindh at Karachi on 6-4-2002 for onward transmission to your office for further action. Thanking you. Yours faithfully (Sd.) Abdul Rahim Khan owner of 113, Marine Drive, Clifton, 1st Floor, Karachi.
8. Add. 642 Bath Road, Hampshire TN 5 9T London U.K., presently R-696, Sector 9, Badul Islam Town, North Karachi, Karachi.
9. ' The applicant/accused applied for bail before arrest before the trial Court but his bail plea was dismissed by impugned order dated 23-9-2002 by the learned III Additional Sessions Judge, Karachi South. It was in this backdrop that the present application for bail before arrest was filed before this Court by the applicant/accused and he was granted interim pre-arrest bail by order dated 4-10-2002.
10. ' I have heard Mr. Adnan Ahmed learned counsel appearing on behalf of the applicant/accused and Mr. Qazi Wali Muhammad learned counsel appearing on behalf of A.-G. For the State. The latter opposed the confirmation of bail to the applicant/accused.
11. ' The perusal of material placed on record as well as police record which has been examined with the assistance of learned counsel appearing on behalf of parties shows that the premises in question was purchased by the complainant from its previous owners Messrs Kamran Construction Company and he was living there. He left for UK after closing the premises. On his return from UK he found that it was occupied by the applicant/accused party. The applicant/accused refused to vacate the premises on the pretext that it has been purchased by him from its previous owner. He also issued threats of dire consequences to the complainant. During investigation it was revealed that the premises in question was neither sold to present applicant/accused nor he purchased the same and it was proved that the documents produced by the applicant/accused were forged and fabricated. The applicant/accused in order to save his skin from the culpability of criminal charge filed a suit for specific performance of contract against previous owner i,e, Messrs Kamran Construction Company and complainant. The complainant and previous owner in their written statements filed before the Court have denied execution of any sale-deed/agreement in favor of the applicant/accused. The police was not able to lay hands upon the applicant/accused when case was sent up, consequently the applicant was shown as absconder in the charge-sheet and the same was submitted before trial Court in his absentia. Admittedly, the applicant/accused is not attending the trial Court.
12. ' It is well-settled that the grounds for grant of bail before arrest are quite different from bail after arrest. In the case of bail before arrest the applicant/accused has to show mala fide on the part of the prosecution/complainant party. Nothing has been placed on record from which it could be deduced that the case is outcome of enmity or complainant or any prosecution witness is biased against the applicant/accused. Merely because the offence is not punishable with death, imprisonment for life or 10 years is no ground for grant of pre-arrest bail in each and every case.
13. ' Resultantly, I am of the considered view that there are reasonable grounds to believe that the applicant/accused is prima facie guilty of the offence, therefore, the present application for bail before arrest stands dismissed. The interim pre-arrest bail grant order dated 4-10-2002 is hereby recalled.