ORDER SHEET
IN THE HIGH COURT OF SINDH
AT KARACHI
Spl.
Cr. Bail Application No.94 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.6616/2015
(U/A)
2)
For orders on M.A. No.6617/2015
(Ex/A)
3)
For Hearing
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07.09.2015
Mr. Shaukat Ali Shehroze, advocate a/w
applicants
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1) Granted.
2) Exemption
application is granted subject to all just exceptions.
3) Applicants/accused
Sajjid Abdul Qadir son of
Abdul Qadir, Irfan son of
Abdul Aziz and Muhammad Shahid son of Muhammad Yousuf, seek protective bail in Crime No.SI/MISC/476/AFU/EXP/2015,
registered at P.S. AFU (Exports) JIAP,
Karachi, 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 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. It is also pointed out co-accused Hanif Moosa
and Humayun Moosa have
already been protective bail by this Court in Special Criminal Bail Application
No.87 of 2015 dated 02.09.2015.
Without
touching the merits of the case, protective bail for a period of three days from today is granted to
applicants/accused Sajjid Abdul Qadir
son of Abdul Qadir, Irfan
son of Abdul Aziz and Muhammad Shahid son of Muhammad
Yousuf, 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