ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Accountability Appeal No.28 of 2017

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Dated: Order with signature of Judge(s)

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For hearing of Bail Application

For hearing of M.A. No.13192/2017

05.06.2018

Mr. Khawaja Saiful Islam, advocate for the appellant.

Mr. Munsif Jan, Special Prosecutor NAB.

Ms. Naheed Parveen, DAG.

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Learned counsel for the appellant contends that the learned Trial Court vide impugned Judgment dated 07.12.2017 passed in Reference No.09/2016 has sentenced and convicted the present appellant to suffer R.I. for three (03) years and to pay Rs.12.7337/- millions to the extent of his liability as fine, which is recoverable as arrears of land revenue as defined in section 33-E of the Ordinance. In case of default in payment of fine he shall further undergo S.I. for 1 (one) year. Benefit of section 382-B Cr.P.C. was also extended to the appellant. Jail Roll of the appellant was called, which was submitted by the Senior Superintendent, Central Prison, Karachi 18.01.2018 and a perusal thereof shows that the appellant served out 02 years 02 months and 03 days of his sentence including remission. Learned counsel for the appellant contends that the appellant has served out major portion of his sentence and due to backlog of the cases, this appeal would take a longtime to fully be decided therefore, at this stage the appellant is liable to be released on bail after suspending his sentence.

Learned Special Prosecutor NAB halfheartedly opposes the grant of bail to the appellant however, he concedes that the appellant has served out major portion of the sentence awarded to him.

In view of above facts and circumstances, instant application is allowed, sentence of the appellant is suspended and the appellant is allowed to be released on bail subject to furnishing solvent surety in the sum of Rs.2.5 million and P.R. bond in the like amount to the satisfaction of the Nazir of this Court and the appellant is directed to deliver his passport with the Nazir of this Court and his name be placed in E.C.L. till disposal of the instant Appeal. A copy of this order hsall be sent by fax to Secretary Ministry of Interior for compliance in terms of placing the name of Mohammad Sohail Malim s/o Nooruddin Malim on the ECL.

JUDGE

JUDGE