ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 186 of 2024

 

DATE

ORDER WITH SIGNATURE OF JUDGE.

 

  1. For order on M.A.No. 1167/2024
  2. For order on office objections and reply of Adv. at flag A
  3. For order on M.A.No. 1168/2024
  4. For hearing of bail application
  5. For order on M.A.No. 1169/2024

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29.01.2024

 

            Mr. Hussain Bux Baloch, advocate a/w applicant/accused

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            Applicant/accused Hafiz Muhammad Osama seeks pre-arrest bail in Crime No. 1192/2022 for offences under Sections 420/406/506-B/365-B/34 PPC registered at PS Preedy Karachi. It appears that applicant/accused applied for pre-arrest bail before learned X-Additional Sessions Judge, Karachi South, but bail application was dismissed on the ground of lack of jurisdiction. Counsel for the applicant/accused submitted that now challan has been submitted before learned Administrative Judge, ATCs Karachi Division against the applicant/accused for offences under Sections 420/406/506-B/365-A/34 PPC read with Section 7 of ATA of 1997 and the case has been assigned to learned Judge, ATC-XII Karachi for trial. It is further submitted that the applicant/accused is prepared to surrender before the trial Court but apprehends his arrest, as NBWs have been issued against the applicant/accused by the trial Court.  Serious malafide on the part of police is alleged.

           

            After hearing counsel for the applicant, this bail application is converted to an application for protective bail with direction to the office to assign it number. Without touching the merits of the case, protective bail for a period of four (04) days from today is granted to applicant/accused Hafiz Muhammad Osama son of Hafiz Feroz Uddin, subject to his furnishing solvent surety in the sum of Rs.60,000/- (Rupees Sixty thousand 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 applicant/accused is suspended for 04 days. Applicant/accused is directed to surrender before the learned Judge, ATC-XII at Karachi in the aforesaid period. This order shall cease to have its effect after expiry of four days from today or when the applicant/accused surrenders before the trial Court, which one occurs earlier. It is made clear that in case applicant/accused fails to surrender before the trial court within the aforesaid period his bail bond shall stand forfeited.  

 

            Instant Bail Application is accordingly disposed of.  

 

                                                                                                                         J U D G E

 

                                                                                                J U D G E

Wasim PS