| Case ID |
ec320244-6cb6-4474-a859-86b3caebe7e2 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Bail Applications Nos. 1721 and 1866 of 2 |
| Decision Date |
Jan 09, 2017 |
| Hearing Date |
Jan 03, 2017 |
| Decision |
The court granted bail to the applicants, Fawad Rehman and Mukhtar Ahmed Chauhan, stating that the case against them was primarily based on documentary evidence, which had already been collected and was in the custody of the prosecution. The court found no apprehension of tampering with the evidence and noted that the allegations against the accused were yet to be proven. It was also highlighted that the alleged offences did not fall within the prohibitory clause of Section 497(1) of the Criminal Procedure Code, and the investigation had been completed. The court emphasized that further detention would not serve any purpose and allowed the applicants to be released on bail subject to furnishing sureties. |
| Summary |
This case involves the bail applications of Fawad Rehman and Mukhtar Ahmed Chauhan, who were accused of committing fraud related to property ownership through the issuance of a fake Computerized National Identity Card (CNIC). The allegations pointed to a conspiracy involving NADRA officials and the fraudulent acquisition of property. The Sindh High Court evaluated the evidence presented and determined that the prosecution's case relied heavily on documentary evidence, which had been secured by the investigating officer. Given that the investigation was complete and there was no risk of evidence tampering, the court ruled in favor of granting bail. The decision underscored the importance of due process and the presumption of innocence until proven guilty, as the allegations required further inquiry. The case highlights issues of property fraud, identity theft, and the judicial considerations in granting bail, making it significant in the realm of criminal law. |
| Court |
Sindh High Court
|
| Entities Involved |
FIA/ACC, Karachi
|
| Judges |
ABDUL MAALIK GADDI
|
| Lawyers |
Aamir Mansoob Qureshi,
Asif Ali Pirzada
|
| Petitioners |
Fawad Rehman,
Mukhtar Ahmed Chauhan
|
| Respondents |
The State
|
| Citations |
2017 SLD 2464 = 2017 YLR 1957
|
| Other Citations |
Nooruddin and others v. The State 2011 SCMR 1319,
Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488,
Muhammad Siddique v. Imtiaz Begum and 2 others 2002 SCMR 442,
Muhammad Naseem v. The State 2012 PCr.LJ 918,
Tariq Bashir and 5 others v. The State PLD 1995 SC 34
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act, 1947,
National Database and Registration Authority Ordinance, 2000
|
| Sections |
497,
419,
420,
468,
471,
109,
34,
5(2),
30(f)
|