IN
THE HIGH COURT OF SINDH AT KARACHI
C.P. No.D-875 of 2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1.
For orders on Misc. No.4170/2024
(U/A)
2.
For orders on office objections 9
and 32
3.
For orders on Misc. No.4171/2024 (Exp/A)
4.
For hearing of main case
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20.02.2024
Mr. Raghib
Ebrahim Junejo, advocate
for petitioner
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Through this constitution petition, petitioner Sadia Ejaz, who is at Vancouver,
Canada, through her attorney/husband, namely, Ejaz
Ahmed seeks protective bail in FIR No.19/2023, registered at P.S. FIA, ACC,
Karachi for offences under Sections 5(2), PCA, 1947 read with Section
156(8)(89) of the Customs Act, 1969 read with Section 109, PPC. Counsel for
petitioner read out the contents of aforesaid FIR and final reports submitted
before Special Judge, Anti-Corruption (Central-I), Sindh, Karachi and Special
Judge, Customs, Taxation and Anti-smuggling, Karachi. It appears that the name
of the petitioner does not transpire either in the FIR or in the final reports.
Counsel for petitioner was directed to satisfy the Court as to how protective
bail can be granted to the petitioner when she is not required as an accused
before the aforesaid Courts. Under Section 498-A of the Code of Criminal
Procedure, 1898, bail can only be granted to a person against whom FIR is
lodged. Section 498-A, Cr.PC is reproduced as under:
“498-A. No bail to be granted to a person not in custody, in Court or
against whom no case is registered etc. Nothing
in section 497 or section 498 shall be deemed to require or authorize a Court
to release on bail, or to direct to be admitted to bail any person who is not
in custody or is not present in Court or against whom no case stands registered
for the time being and an order for the release of a person on bail, or
direction that a person be admitted to bail shall be effective only in respect
of the case that so stands registered against him and is specified in the order
or direction.”
Counsel for petitioner in end, submits that name of the
petitioner has been placed on watch list by the FIA officials and he seeks
withdrawal of the petition to file a fresh one for seeking such relief as, in
this petition, prayer for withdrawal of the name of petitioner from watch list
is not mentioned.
In view of above legal position, instant petition is
dismissed as withdrawn, however, the petitioner would be at liberty to file a
fresh petition as provided under the law.
J U D G E
J
U D G E
Gulsher/PS