ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Crl. Accountability Appeal NO. 01/2010

Date Order with signature of Judge

1. For hearing of MA No. 52/2010

2. For Katcha Peshi

3. For orders on office objections

12.2.2010

Mr. Muhammad Ilyas Khan Advocate for the appellant

Mr. Aslam Butt DPG NAB

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1-3. The appellant by the impugned judgment dated 18.3.2002 passed by the learned Judge Accountability Court No.I Sindh, Karachi in Reference No.38/2000 was convicted in absentia under section 31-A of the NAB Ordinance 1999 and sentenced to R.I. of 3 years. Learned Counsel for the appellant has contended that at the time of filing this reference the appellant was residing in United Kingdom and absolutely had no knowledge about the pendency of reference against him. He states that no sooner the appellant learnt of his conviction and sentence by the impugned judgment he has filed this appeal challenging the same. Learned Counsel for the appellant states that the appellant has returned back to Pakistan and has also obtained interim pre-arrest bail from this Court and is prepared to face the trial of the reference before the Accountability Court and requests that the impugned judgment may be set aside.

Mr. Aslam Butt DPG NAB has no objection for setting aside the impugned judgment against the appellant with the condition that the appellant shall face the trial before the trial Court in the reference. Consequently, by consent the impugned judgment against the appellant is set aside and the matter is remanded to the Accountability Court No.I, Sindh Karachi for undertaking trial of the appellant in the reference. Such trial will be concluded by the Accountability Court expeditiously preferably within a period of 6 months.

The appeal with the listed application are disposed off in the above terms.

J U D G E

Aamir/PS