Cr.Bail 1698/2022 (S.B.) Sindh High Court, Karachi

Sindh High Court · 2022 · Before Amjad Ali Sahito

2. The details and particulars of the FIR are already available in the bail application and FIR, the same could be gathered from the copy of the FIR attached with such application, hence, needs not to reproduce the same hereunder.

3. Per learned counsel for the applicants, the applicants are innocent and have falsely been implicated in this case; that no specific role has been assigned against the applicants; that the applicants were posted as Mukhtiarkar and Assistant Commissioner in the Board of Revenue and serving in the said department for last many years with untarnished career; that there is no incriminating evidence against the applicants; that the entry in the record of right was recorded in compliance of the directions issued by higher authorities; that entire case of the prosecution is based upon documentary evidence whose authenticity and validity would be Page 1 of 4 determined at the time of trial; that the applicants are no more required for further investigation. He lastly prays for confirmation of bail.

4. On the other hand, learned Prosecutor General, Sindh [hereinafter referred to as “P.G.”] submits that the applicants are very much involved in this case as PW Shoukat Jokhio has denied from his signature while recording his statement u/s 164 Cr.P.C. before the learned Magistrate. He further submits that entry cannot be cancelled as an interim order has been operating in this case. Per learned P.G., sufficient material is available on record to connect the applicants with the commission of an alleged offence. Lastly, he opposes for confirmation of bail.

5. Heard arguments and perused the record.

6. The case of the prosecution is that 28-0 acres of land was leased out on temporary basis to M. Aslam Malik, Muhammad Sarwar Malik, Mrs. Hasan Ara Waseem, Mr. Kashif Jamal, Muhammad Eijaz Alam, Abdul Wahab and co-accused Muhammad Jameel for poultry farming purpose for a period of 30 years; however, after expiry of said period, the said land was fraudulently transferred in the name of Muhammad Jameel vide fake Entry No.23 dated 09.07.2011 village Form-VII-B, of Deh. Konkar, wherein the measurement of the land was shown to be 176 acres in place of 28-0 acres. Further, the entry was kept in the record of right when the FIR was lodged with a delay of about 11 years and no plausible explanation has been furnished by the prosecution. The applicants have received the order from the office of the District Officer (Revenue) City District Government, Karachi letter dated 09.07.2011 wherein the then District Officer (Revenue) Mr. Shoukat Jokihiyo directed the Mukhtiarkar concerned for keeping the entry in the record of right. From the face of the order, it appears that the application was filed by Mrs Farzana w/o Muhammad Jamil and 18 others requesting for transfer of their leasehold rights measuring 176 acres, same was allowed and 176-00 acres of Na-class No.152 Deh. Konkar Gadap Town was transferred in favour of M/s. Memon Dairy Cooperative Society through Chairman Muhammad Jameel.

7. After receiving the letter/order from the office of the District Officer (Revenue) the entry was kept in the record of right viz. Form- VII dated 09.07.2011. Further, learned counsel for the applic

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