ORDER SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
C.Ps. Nos.D-4221, 3191, 3249, 4234, 4225, 4247 & 4253 of
2012
------------------------------------------------------------------------------------------
Date Order with signature(s) of Judge(s)
------------------------------------------------------------------------------------------
For katcha peshi.
-----------------------
07.02.2013
Mr.
Raza Hashmi, Advocate for
Petitioner alongwith Petitioner Saad
Bin Ahmad (C.P.No.4221 and 4225/2012)
Mr. Shahab Sarki, Advocate for Petitioner (C.Ps. Nos.3191 & 3249 of 2012) alongwith
Petitioners Syed Ali Shuja and Atif
Raza
Mr.
Abdul Qayyum Abbasi alongwith Ms. Nuzhat Shah,
Advocates for Petitioner in CPs No.4234
and 4253 of 2012
Mr. Asim Iqbal, Advocate for Petitioner in C.P. No.4247/2012
Mr. Rizwan Nadeem, Addl: Dy:
Prosecutor NAB.
----------------------------------------------------
All the counsel appearing for the
petitioners contend that instant petitions arise out of two private complaints,
initially filed before the District Judge, Karachi South, under section 5-A of
the Securities and Exchange Ordinance, 1969, read with Rule 5 of the Agents
Registration Rules, 2001, and the court has issued warrants in the sum of
Rs.500,000/- each, the petitioners effected
appearance, submitted bail bonds and were effecting appearance before the trial
court. After the charge was framed, on application of NAB, both the cases were
transferred to the NAB Court and since there is no provision in the Ordinance
1999 for bail, consequently, the petitioners were compelled to approach this
Court by filing these petitions. It is further contended that even the NAB
Court has framed a question as to its jurisdiction, which is yet to be
determined. Concession of interim pre-arrest bail has not been misused by the
applicant and consequently they say that this is a fit case for confirmation of
interim bail, which was granted by this Court on various dates against surety
of Rs.500,000/- to each of the petitioners. Mr. Rizwan
Nadeem, Additional Deputy Prosecutor NAB is not in a
position to controvert any of the submissions.
In the circumstances we, while
disposing of these petitions, confirm the bail on the same terms and
conditions.
JUDGE
JUDGE
Gulsher/PA