ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Cr. B.A. No.14 of 2017
Date Order with Signature(s) of Judge(s)
1. FOR ORDERS ON MA 74/17
2. FOR ORDERS ON OFFICE OBJECTION & REPLY OF ADV. AT FLAG ‘A’
3. FOR ORDERS ON MA 75/17
4. FOR HEARING OF BAIL APPLICATION
5. FOR ORDERS ON MA 76/17
04.01.2017
Mr. S. Tariq Ahmed Shah, advocate a/w applicant Bashir Ahmed Nizamani s/o Meeral
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1. Urgency granted.
2. Office objection overruled.
3. Exemption granted subject to all just exceptions.
4-5. Applicant/ accused is present along with his advocate, who has been heard for grant of protective bail in favour of the applicant in Crime No.148/2016 registered under Section 302, 114, 337-Hii, 34 PPC with PS Tando Jam.
Learned counsel for applicant submits that co-accused Naimatullah alias Babu is nephew of the present applicant, who has been alleged active role in the commission of murder of deceased Dildar, while only allegation against present applicant is of instigation; that the applicant intends to surrender before the trial Court, but apprehends his arrest before reaching to the trial Court at the instance of the complainant. He, therefore, prays for protection.
It may be mentioned here that earlier Cr. Bail Application No.1868/2016 filed by the present applicant for same relief and vide Order dated 29.12.2016, the said criminal bail application was disposed off with direction to the applicant to appear before the trial Court till 02.01.2017. It is submitted by learned counsel for applicant that the applicant has made his attempt to appear before the trial Court on 02.01.2017 but could not appear physically before the trial Court on account of issuance of NBWs in Crime No.119/2013 of PS Tando Jam, in which NBWs were issued by the learned II-Additional Sessions Judge, Hyderabad in Sessions Case No.68/2014.
Without touching the merits of the case, the applicant is admitted to protective bail for a period of three days from today viz. 04.01.2017 subject to furnishing solvent surety in the sum of Rs.50,000 and PR bonds in the like amount to the satisfaction of Nazir of this Court. This concession of protective bail shall remain operative only three days from today viz. 04.01.2017 and shall cease to exist till 07.01.2017 after Court hours are over or before it when the applicant surrender before the trial Court, whichever is earlier. However, in the meantime, operation of the NBWs in Crime No.119/2013 of PS Tando Jam by the trial Court shall remain suspended.
This criminal bail application stands disposed off accordingly.
JUDGE
asim/pa