IN
THE HIGH COURT OF SINDH AT KARACHI
C.P. No.D-2485 of 2024
[ Irfan
Ali versus Province of Sindh & Others )
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1. For orders on Misc. No.11345/2024
(U/A)
2. For orders on office objections 27
and 32
3. For orders on Misc. No.11346/2024 (Exp/A)
4. For hearing of main case
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22.05.2024
Mr. Sajjad
Farooq, advocate for petitioner
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This
constitution petition is filed on behalf of petitioner/accused Irfan Ali son of Ghulam
Ali, through his attorney/cousin Maqbool Ahmed son of
Sardar Zahoor Ahmad (CNIC No.42301-8995284-1), for seeking protective/transitory
bail FIR No.08/2021, registered at P.S. Garhi Khairo, District Jacobabad for offences under sections 324,
436, 427, 148, 149, 109, 337H(2), 34, PPC r/w Section 3/4, Explosive Substances
Act, 1908 and Sections 6/7, Anti-Terrorism Act, 1997. It is inter alia
contended that at present petitioner Ifran Ali is at
Turkey and is prepared to surrender before the trial Court/Anti-Terrorism
Court, Shikarpur but apprehends his arrest as NBW has
been issued against him. Serious mala fide on the part of complainant and
police has been alleged.
It appears
that prior to this, in C.P. No.D-1336/2024, protective/transitory bail was
granted to petitioner Irfan Ali for 10 days vide
order dated 15.03.2024, subject to furnishing solvent surety in the sum of
Rs.100,000/- and P.R. bond in the like amount but the petitioner could
surrender before trial Court in the prescribed period. Counsel for petitioner
submits that due to some unavoidable circumstances, petitioner could not
surrender before the trial Court.
We
realize that petitioner is prepared to surrender before the trial Court. Without touching the merits of the case, petitioner/accused
Irfan Ali son of Ghulam
Ali is granted protective/transitory
bail for a period of seven (7) days
from today, subject to furnishing solvent surety in the sum of Rs.100,000/- (Rupees One Hundred Thousand) and P.R
bond in the like amount to the satisfaction of the Nazir of this Court. Petitioner
is directed to surrender before the trial Court in the aforesaid period. In the
meanwhile, operation of NWB issued against the petitioner is suspended. This
order shall cease to have its effect after expiry of seven days from today or
whenever the petitioner/accused surrenders before the trial court, which one
occurs earlier. In case, petitioner fails to surrender before the trial Court
within the aforesaid period, his bail bond shall stand automatically forfeited.
Let the copy of this order be sent the Secretary, Ministry of Interior,
Government of Pakistan, Islamabad by fax for
information.
The instant petition is accordingly disposed of.
J U D G E
J
U D G E
Gulsher/PS