5/8/24, 11:38 PM 2008 P Cr

2008 P Cr. L J 412

[Karachi]

Before Syed Zawwar Hussain Jaffery, J

Syed KASHIF NAQVI and 3 others----Applicants

Versus

THE STATE----Respondent

Criminal Bail Application No.298 of 2007, decided on 17th April, 2007.

Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), S.489-F---Bail, grant of---Delay of 84 hours in

lodging F.I.R. was not explained properly---Complainant was not owner of property,
but he had left rented premises after termination of tenancy---Counter-suits between
accused and complainant regarding such property were pending in Civil Court---
Accused had filed suit ten (10) days before occurrence---Interim bail granted to
accused was confirmed in circumstances.

Fiaz H. Shah for Applicants.

Haji Abdul Majeed for the State.

ORDER

SYED ZAWWAR HUSSAIN JAFFERY, J.--- It is inter alia contended that F.I.R.
was lodged on 31-12-2006 at about 10 p.m. whereas incident had taken place on 28-
11-2006 at 10-30 a.m. at the behest of complainant Rocky Himalton Parker. It is
further alleged that there is dispute between the landlord in Suit No.1335 of 2006 filed
by the applicant against landlord which is pending in the Court of law and as a counter-
blast the complainant has also filed Suit No.1591 of 2006 in this Court with false and
bogus pleadings and the contents of the pleadings of the F.I.R. as narrated by the
complainant are contradictory. The cheques were dishonoured passed by the
complainant to the applicants and in view of the denial factum of position by the
landlord the applicants instituted another suit of 2006 which has not been numbered in
this Court. The applicant instituted Suit No.1335 of 2006 on 18-11-2006 and alleged
incident took place on 28-11-2006 which reflects clear mala fide on the part of
complainant. It is argued that on 28-11-2006 the landlord and complainant admitted to
dispossess the applicants, the applicants informed area police and then intervened and
applicants were protected from dispossession. The complainant party with mala fide

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5/8/24, 11:38 PM 2008 P Cr

intention in order to humiliate and insult the applicant has filed F.I.R. No.1050 of 2006
to drag the applicants without lawful justification.

Mr. Haji Abdul Majeed learned State counsel has opposed the applicants and submitted
that a civil litigation is pending in the Court of law between the parties.

I have heard arguments of learned counsel for the respective parties.

Admittedly, the civil litigation between the parties is pending in the Court of law and
institution of F.I.R. No.1050 of 2006 is a counter-blast and F.I.R. was lodged after
considerable delay which has not been explained properly. As per documents it appears
that complainant is not owner of the property' but he left the rented premises after
termination of tenancy and a dispute is pending by filing of Suit No.1335 of 2006 filed
by the applicant against landlord whereas a counter-blast Suit No.1591 of 2006 has
been filed by the complainant.

In view of the above position, the interim pre-arrest bail is confirmed on the same
terms and condition. The applicants are directed to associate with investigation as and
when directed.

S.A.K./K-34/K Bail confirmed.

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