IN
THE HIGH COURT OF SINDH AT KARACHI
C.P.No.D-3859 of 2023
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
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11.08.2023
Mr.
Mamoon A.K. Shirwany, advocate for the petitioner
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Petitioner/accused Ghulam
Mustafa through his brother/attorney seeks protective/transitory bail in Crime
No. 141/2020 for offence under Sections 324/506/504/34/337-F(i),
337-F(iii) PPC registered at P.S Hatri, Hyderabad. It is contended that the
petitioner/accused is presently at UAE and is prepared to surrender before the
trial Court but apprehends his arrest as NBWs have been issued against the
petitioner by the trial court. Counsel for the petitioner was directed to
satisfy the Court as to how instant petition is maintainable before Division Bench, he has relied upon the case of Khawaja Muhammad Slman Younis and another vs. Federation of Pakistan
through Secretary Law and 10 others (PLD
2016 Sindh 547). Serious malafide on the part of the police and the
complainant has been alleged.
Without
touching merits of the case, petitioner/accused Ghulam Mustafa is granted protective/transitory bail for a period
of seven (07) 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. In the meanwhile operation of NBWs issued against the petitioner/accused
is suspended for 07 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 (07)
days from today or when 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.
Petition
is accordingly disposed of.
J U D G E
J
U D G E