ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI.

Cr. Bail Application No.S-426 of 2009

Date Order with Signature of Judge

Mr. M. Ilyas Khan, Advocate for the applicant.

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This is an application for transitory bail till 7^th May, 2009.

Learned counsel submits that the applicant moved a bail application No.1457/2008, which was taken-up by this Court and by order dated 17.01.2009, same was converted into Criminal Miscellaneous Application U/S 561-A Cr.P.C. and proceedings of FIR No.41/2008 were quashed. Against the said order Cr. Petition NO.85/2009 was filed by the Government through ANF before the Hon’ble Supreme Court, which was taken-up on 15.4.2009 but applicant could not appear, therefore, warrants for arrest of the applicant were issued for 7.5.2009. Learned counsel submits that the applicant is ready to appear before the Hon’ble Supreme Court, therefore, transitory bail may be granted as it is apprehended that the ANF Department will arrest the applicant and for the same they have been making raids on his house. Learned counsel submits that according to Order 23 Rule 8 of the Supreme Court Rules, 1980, this Court can grant bail as Hon’ble Supreme Court has not ordered for imprisonment. He has relied upon PLD 1991 SC 371.

After hearing the learned counsel, it appears that the applicant has appeared in this Court for two dates in this application and no arrest has been made. Order of the Hon’ble Supreme Court has been passed as applicant did not appear before it on 15.4.2009, which has resulted in issuance of warrants of arrest. The said order is to be complied with in toto and if the applicant wants any relief in respect to his arrest then he may approach the Hon’ble Supreme Court before the hearing date, as he has been appearing in this court.

In such a situation, I find that since clear order for appearance through warrants has been issued then this court cannot interfere and bail cannot be granted. The authority relied upon by the learned counsel does not fit to the circumstances of the case. Accordingly, this bail application is dismissed.