ORDER SHEET
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Date Order with
signature of Judge
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1. FOR ORDERS ON M.A.
NO.1099/2009.
2. FOR ORDERS ON M.A.
NO.1100/2009.
3. FOR HEARING.
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03.04.2009
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Mr. Muhammad Ashraf
Kazi, advocate for the applicants alongwith the applicants.
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1. Granted.
2. Exemption is allowed but subject to all just exceptions.
3. By this application under Section 498 and 561-A, Cr.P.C. applicants Umar Abul Hassan and Zia Mohammad have approached this Court for grant of pre-arrest bail in Crime No.199/2009, Police Station Sohrab Goth, which relates to the commission of offence punishable under Sections 302/147/148/149, PPC.
During the course of his arguments,
learned counsel for the applicants has brought to our notice that the
applicants have earlier moved an application for grant of pre-arrest bail
before the concerned Additional Sessions Judge, Malir, hut he has declined to
pass any interim or final order on the said pre-arrest bail application, unless
the certified true copy of the F.I.R. was filed, as verbally told by him.
Learned counsel submits that the learned Presiding Officer has further verbally
observed that he will first issue notice and if the police papers comes then he
will pass the order.
Mr. Salim Akhtar, Addl. Prosecutor
General, Sindh for the State waives notice of this application and submits that
he has no objection in case till the decision on the pre-arrest bail
application moved before the trial Court, the applicants are admitted to
protective pre-arrest bail.
Submission of the learned Addl. Prosecutor
General, in the facts and circumstances of the case, seems to be just,
equitable and proper. I, therefore, dispose of this pre-arrest bail application
in the terms that without touching to the merits of the case, the applicants
are admitted to protective pre-arrest bail for a period of seven days from
today on their furnishing surety in the sum of Rs.1,00,000/- (Rupees One Lac
Only) each and P.R. Bond in the like amount to the satisfaction of the Nazir of
this Court. In the meantime the trial Court i.e. II Additional Sessions Judge,
Malir shall positively dispose of pre-arrest bail application of the applicants
already moved before him. Objection, if any, regarding the filing of certified
true copy of F.I.R. should be complied by the applicants within two days.
This protective
pre-arrest bail will be subject to any final order passed by the trial Court in
the pre-arrest bail application already moved by the applicants.
CHIEF JUSTICE