IN THE HIGH COURT OF SINDH AT KARACHI
Special Custom Bail Application No. 109 of 2015
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1. For orders on M.A.No. 7648/2015.
2. For orders on M.A.No. 7649/2015
3. For Katcha Peshi.
-.-.-.-.-.-.-.-.-.
05.10.2015
Mr. S.M.Iqbal Advocate for the
applicant/accused.
-.-.-.-.-.
1.
Urgent application
is granted.
2.
Exemption
application is granted but subject to all just exceptions.
3.
Applicant/accused
Ali Afzal Shaikh seeks protective bail in Crime No. SI/MISC/38/2015/CUS/EPZ registered
at Model Customs Collectorate of Exports Custom House, Export Processing Zone,
Karachi under Sections 19, 26, 32(1), (2), 192 and 209 of the Customs Act, 1969 read
with SRO 492(I)/2009 dated 13.06.2009 punishable under Clauses 10A, 12, 14, 86
and 95A of Section 156(1) ibid further read with Section 13(2) of the Sales Tax
Act, 1990 punishable under Clause (17) of Section 33 ibid further read with
Section 148 of the Income Tax Ordinance 2001. It is inter-alia contended that
applicant/accused is prepared to surrender before the Trial Court, who
apprehends his arrest as NBWs have been issued against him by the Trial Court.
It is further contended that co-accused Safeer Ahmed has already been extended
concession of protective bail by this Court in Special Criminal Bail
Application NO. 31 of 2015 dated 25.05.2015.
Without touching the merits of the case, protective
bail for a period of five days
is granted to the applicant/accused Ali Afzal Shaikh, subject to his furnishing
solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) and P.R
bond in the like amount to the satisfaction of the Nazir of this Court. In the
meanwhile, operation of the NBWs issued against the Applicant/accused is
suspended. Applicant/accused is directed to surrender before the trial court in
the aforesaid period. This order shall cease to have effect after expiry of five
days from today or when the applicant/accused surrenders before the
trial court whichever is earlier. It is made clear that in case
applicant/accused failed to surrender before the trial court within the
aforesaid period, his bail bond shall stand forfeited.
Application is disposed of.
JUDGE