ORDER SHEET
-----------------------------------------------------------------
Date Order
with signature of Judge
-----------------------------------------------------------------
DATE OF HEARING 11.12.2012
Mr.
Sameer Ghazanfar, Advocate for the Applicant.
Mr.
Syed Mohsin Imam, Advocate for Customs Department.
Mr.
Imtiaz Mugheri, Standing Counsel.
Syed Hasan Azhar Rizvi J; By this
order I intend to dispose of instant Special Criminal
Bail Application filed by the Applicant Syed Khalid Haider Balkhi son of Syed
Inayatullah Balkhi.
Learned Counsel for the Applicant
contended that the Applicant is innocent, upright and law abiding tax-paying
citizen and his name has falsely been mentioned in the FIR for harassment and
humiliation. Learned Counsel submitted that the Applicant is an importer for
long and never before has such allegation been leveled against him. Learned
Counsel for the Applicant further contended that the reputation of the
Applicant/accused shall suffer irreparably in the event of his arrest and he
will be publicly humiliated. He further contended that there is huge delay of
about 10 months in lodging the FIR for which no cogent reasons are given in the
FIR. Learned Counsel urged that after obtaining the interim-pre-arrest bail the
Applicant never misused the same and if the bail should be confirmed the
Applicant will comply with the terms and conditions of the order of this Court
in its letter and spirit. Learned Counsel for the Applicant further contended
that all other co-accused are on bail, therefore, the Applicant is also
entitled for grant of bail on rule of consistency. Learned Counsel further
contended that the offence with which the Applicant has been charged does not
fall within the ambit of prohibitory clause and it is a settled provision of
law that bail is to be granted in such cases.
Learned Counsel for the Customs
Department vehemently opposed the grant of bail to the Applicant and submitted
that the applicant is involved in a case where heavy government exchequer is
involved and the applicant approached directly to this Court without first
approaching to the Trial Court and urged that order of grant of interim
pre-arrest bail to the Applicant may be recalled and his bail application may
be dismissed.
Learned Standing Counsel adopted the
arguments advanced by the learned Counsel for the Customs Department and
submitted that the Applicant is not entitled for grant of bail at this stage.
I have heard
Mr. Sameer Ghazanfar Advocate for the Applicant, Mr. Syed Mohsin Imam, Advocate
for Customs Department, Mr. Imtiaz Mugheri learned Standing Counsel and and
perused the material available on record with their assistance.
On tentative assessment of the material available on
record, it reveals that no specific allegation is made against the applicant in
the FIR and the case of the applicant depends upon the documentary evidence,
which is in possession of the prosecution, therefore, there is no possibility
of tempering with the prosecution evidence by the Applicant. Almost all
the other co-accused have been granted bail and such fact is also mentioned in the
Final Challan submitted on 25.09.2012. Malafide is apparent on the part of the
Customs Department as after grant of interim bail on 14.02.2012 notices were repeatedly
issued to the Investigating Officer of the case and customs department. Thereafter,
on 14.03.0212 Mr. Syed Mohsin Imam Advocate filed vakalatnama for and on behalf
of customs department in the present Bail Application. Even then the present
applicant is shown as an absconder in the Final Challan submitted on 25.09.2012
in the Court of Special Judge, Customs and Taxation, Karachi. On the very first
day when this Court on 14.02.2012 granted interim pre-arrest bail to the
Applicant, the Counsel for the Applicant urged before this Court that the
applicant could not approach to the Trial Court as the same was lying vacant at
that time. As discussed above, in my opinion the case of the Applicant/accused
is of further inquiry and contentions advanced by the learned Counsel for the
Applicant bears some force for confirmation of the bail to the Applicant.
Above are the
reasons of my short order dated 11.12.2012 whereby interim pre-arrest bail
granted to the present Applicant on 14.02.2012 was confirmed on the same terms
and conditions.
The observations made in the order are of tentative
nature and the Trial Court shall not be influenced by any of such observations.
Karachi.
Dated: ______________ J
U D G E