ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl.
Bail Application No. D-98 of 2022
For Hearing of Post arrest bail application
31-01-2023.
Mr.
Muhammad Haseeb Jamali
along with M/s Rasheed Ashraf and Ashok Kumar K.Jamba advocates for applicant.
M/s Mujeeb-ur-Rehman Soomro and Bahawaluddin Shaikh, Special Prosecutors NAB.
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At the very outset, it is stated by learned counsel for
the applicant that the applicant sought for his release on bail mainly on
statutory ground, which has not been considered by learned trial Court while
dismissing his Bail Application, therefore, he would not press the disposal of
instant Crl. Bail Application before this Court on
behalf of the applicant on merits, provided learned trial Court is directed to
consider the release of the applicant on bail or otherwise on statutory ground
by passing a fresh order, which is opposed by Special Prosecutor NAB by stating
that the issue of hardship for release of the applicant on bail has already
been dealt with by learned trial while dismissing his Bail Application, which
is refuted by learned counsel for the applicant by stating that issue of
hardship and release of the applicant on bail on statutory ground or otherwise has
got no relevancy with each other. Be that as it may, the impugned order,
whereby the Bail Application of the applicant was dismissed is set aside with
direction to learned trail Court to pass the same afresh by considering the
statutory ground for release of the applicant on bail or otherwise, in
accordance with law, after providing chance of hearing to all the concerned;
such exercise to be completed with 15 days, after receipt of copy of this
Order.
Judge
Judge
Nasim/P.A