IN THE HIGH COURT OF SINDH AT KARACHI
C.P.No.D-2589 of 2024
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DATE |
ORDER
WITH SIGNATURE OF JUDGE |
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24.05.2024
M/s Ghulam Hyder Shaikh & Manzar
Hussain, advocate for petitioner
Mr. Peer Riaz Muhammad Shah, DAG
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This
is second protective bail. Counsel for petitioner submits that the petitioner
could not avail the facility of protective bail earlier granted to him by this
Court, vide order dated 22.12.2023 passed in C.P. No.D-6246/2023, for want of
issuance of passport. It is submitted that now the passport has been issued to
him on 21.05.2024 by the authorities concerned.
Through
this constitution petition, petitioner Sajid Kausar
son of Abdul Kausar filed through his real brother Arif Kausar, seeks
protective/transitory bail in Crime No.266/2013 for offences under Sections
17/22 Emigration Ordinance, 1979 r/w Section 420/468/471/109 PPC registered at
P.S FIA, AHT Circle, Karachi. It is submitted that at present case is pending
before learned Special Judge (Central-II) Karachi. It is further submitted that
petitioner/accused is presently at Germany and is prepared to surrender before
the trial Court but apprehends his arrest at the hands of FIA official at
Karachi Airport, as NBW has been issued against him by the trial Court as well
as his name has been placed on PCL. Serious malafide on the part of FIA has
been alleged. Copy of air ticket has been annexed to the petition at page 43.
Since petitioner/accused is prepared to surrender
before the trial Court, without touching merits of the case, Petitioner/accused
Sajid Kausar son of Abdul Kausar is granted protective/ transitory bail for a period of five (5) days from today, subject to his furnishing solvent surety
in the sum of Rs.100,000/- (Rupees
One Lac Only) and P.R. bond in the like amount to the satisfaction of the Nazir
of this Court. Operation of NBW issued against the petitioner/accused is
suspended for 5 days. Petitioner/accused is directed to surrender before the
concerned trial Court in the aforesaid crime/case. This order shall cease to
have its effect after expiry of five days
from today or whenever the petitioner/accused surrenders before the
concerned trial Court, which one occurs earlier. It is made clear that in case
petitioner/accused fails to surrender before the concerned trial Court within
the aforesaid period his bail bond shall stand forfeited automatically. Let the
copy of this order be sent to the Secretary, Ministry of Interior, Government
of Pakistan, Islamabad with direction to lift the name of the
petitioner/accused Sajid Kausar son of Abdul Kausar from PCL for 5 days from
today.
Petition is accordingly disposed
of.
J U D G E
J
U D G E
Gulsher/PS