ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Spl. Cr. Bail Application No.89 of 2015

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DATE                 ORDER WITH SIGNATURE(S) OF JUDGE(S) 

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1)                  For orders on M.A. No.6450/2015 (U/A)

2)                  For orders on M.A. No.6451/2015 (Ex/A)

3)                  For Hearing

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02.09.2015

            Mr. Shaukat Ali Shehroze, advocate a/w applicants

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1)         Granted.

 

2)         Overruled.

3)         Applicants/accused Hanif Moosa son of Moosa Umer and Humayun Moosa S/o Hanif Moosa seek protective bail in Crime No.SI/MISC/477/AFU/EXP/2015, registered at P.S. AFU (Exports) JIAP, Karachi, on 01.06.2015, under section 16 of the Customs Act, 1969 read with section 3 of the Imports & Exports Control Act, 1950, read with SRO 266(I)/2001, dated 07.05.2001 and relevant provisions of Foreign Exchange Regulations Act, 1947, section 32A and section 192 of the Customs Act, 1969 read with para 3 of the Export Policy Order, 2013.

 

            It is inter alia contended that applicants/accused are ready to surrender before the trial Court but they apprehend arrest as NBWs have been issued against them. Serious mala fides have been alleged against Customs authorities.

 

            Without touching the merits of the case, protective bail for a period of three days from today is granted to applicants/accused Hanif Moosa son of Moosa Umer and Humayun Moosa S/o Hanif Moosa, subject to their furnishing solvent surety in the sum of Rs.60,000/- each and P.R. bond in the like amount to the satisfaction of the Nazir of this Court. Applicants/accused are directed to surrender before the trial Court in the aforesaid crime. They are also directed to attend the calls of the IO, if any. This order shall cease to have its effect after expiry of three days from today or when the applicants/accused surrender before the trial Court which one occurs earlier. Operation of NBWs issued against applicants/accused is suspended till three days. It is made clear that in case applicants/accused failed to surrender before the trial Court within the aforesaid period their bail bonds shall stand forfeited.  

 

            Application is accordingly disposed of.  

 

                                                                                                                   JUDGE

  Gulsher/PA