ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No.D-104 of 2010

Date Order with signature of Judge

1. For orders on Misc. 420/2010.

2. For orders on Office Objection a/w reply.

3. For orders on Misc. 421/2010.

4. For Katcha Peshi.

15^th January, 2010.

Mr. Aftab Ahmed G.Nabi, Advocate alongwith petitioner.

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1. Granted.

2. To be complied with within one week.

3. Granted subject to all just exceptions.

4. It is, inter alia, contended by learned counsel for the petitioner that petitioner himself has filed a complaint dated 03.2.2000 with the FIA, CDC, Karachi on which challan was submitted before the Special Court (Offences in Banks) at Karachi, in which the petitioner was shown as an accused person. The petitioner filed Criminal Bail Application No. 507 of 2002 in this Court and through order dated 06.5.2002 he was granted bail on furnishing surety in the sum of Rs.6,00,000/- and P.R.Bond in the like amount to the satisfaction of the Nazir of this Court. Learned counsel states that subsequently the case pending before the Special Court (Offences in Banks) was transferred to the NAB who filed three References Nos. 65, 66 & 67 of 2007, which are still pending and in which out of 18 PWs, evidence of 8 witnesses has been recorded and in such evidence nothing has come against the present petitioner. He states that now another Reference application No. 16 of 2009, in respect of same offence which are pending in the above noted three References, has been filed by NAB before the Administrative Judge, Accountability Court, Karachi Sindh in which the petitioner has been made accused No. 1 and apprehends that in such reference the petitioner may be arrested.

Without touching the merits of the case, issue notice to respondent and DPG, NAB for 27.1.2010, in the meanwhile petitioner is admitted to interim pre-arrest bail in the sum of Rs.1,00,000/-
(Rupees one lac only) and P.R.Bond in the like amount to the satisfaction of the Nazir of this Court.

J U D G E

Aamir/PS