ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Crl. Bail Application No. 1585 of 2022

(Abbass Khan vs. The State)

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Date                           Order with signature of Judge

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For hearing of bail application

 

26 September 2022

 

Mr. Tariq Mehmood A. Khan advocate for applicant

Mr. Habib Ahmed, Special Prosecutor ANF

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IRSHAD ALI SHAH, J.- It is alleged that the applicant generated billion of rupees unlawfully by an act or omission relating to narcotic substance directly or indirectly, for that he was booked and reported upon by ANF.

2.         The applicant on having been refused post-arrest bail by learned Judge, Special Court-II (CNS) Karachi, has sought for the same from this Court by way of instant application under Section 497 Cr.P.C.

3.         It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the ANF; he has generated the funds by lawful means and ANF has nothing to do with offence relating to Anti-Money Laundering Act. By contending so, he sought for release of the applicant on bail on point of further inquiry. 

4.         Learned Special Prosecutor ANF has sought for dismissal of the instant application by contending that the applicant is hardened criminal and has generated the funds by selling narcotics substance himself and through his relatives.

5.         In response to above, it is contended by learned counsel for the applicant that applicant has not been convicted in any case and mere pendency of some cases against him is not enough to conclude that he is hardened criminal, even otherwise, this may not be a reason to withhold the concession of bail to him.  In support of his contentions, he relied upon the cases of Qurban Ali vs. The State and others (2017 SCMR 279), it is on distinguishable facts and circumstances.

6.         Heard arguments and perused the record.

7.         If for the sake of argument, it is believed that the officials of the ANF have no power to investigate the case under Anti-Money Laundering Act, even then the allegation of ANF against the applicant that he has generated the huge funds by an act or omission relating to narcotic substance could not be lost sight. The applicant has not been able to produce any document, which may suggest that he has earned such a huge money in a lawful manner. The offence alleged against the applicant is affecting the society at large and is entailing the punishment upto 14 years. It is falling within prohibitory clause. The deeper appreciation of facts and circumstances is not permissible at bail stage. In these circumstances, it could be concluded safely that no case for grant of bail to the applicant is made out.

8.         Consequently, the instant bail application is dismissed with direction to learned trial Court to expedite the disposal of very case against applicant preferably within 03 months after receipt of copy of this order.

            JUDGE