ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. D-1622 of 2013.
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DATE |
ORDER WITH SIGNATURE OF JUDGE. |
For orders as to non-prosecution of CMA No. 36036/2015.
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20.11.2015
Mr. Darvesh K. Mandhan, Advocate for Applicant/Surety.
Mr. Noor Muhammad Dayo, ADPG/ Spl: Prosecutor NAB.
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This is an application for return of surety/security furnished by surety Naushad Ahmed in C.P. No. D-1622/2013. It appears that petitioners Muhammad Aslam Nawiwala and Naseer Ahmed were granted interim pre-arrest bail by this Court vide order dated 25.05.2013 in the sum of Rs.1,000,000/-(Rupees One Million) each and P.R. bond in the like amount to the satisfaction of the Nazir of the Court. Thereafter, bail was confirmed vide order dated 17.01.2014. Thereafter the Petitioners faced trial before the learned Accountability Court-III Sindh, Karachi in Reference No.31 of 2013. Learned Accountability Court-III, Sindh Karachi by judgment dated 13.06.2015 acquitted petitioners Muhammad Aslam Nawiwala and Naseer Ahmed and discharged the surety. Counsel for the surety submits that surety is no more required as surety has been discharged by the trial Court while acquitting accused.
Mr. Noor Muhammad Dayo, Special Prosecutor NAB submits that surety is no more required and has recorded no objection.
Nazir in his report dated 09.11.2015 has mentioned that surety Naushad Ahmed son of Bashir Ahmed stood surety for petitioners Muhammad Aslam Nawiwala and Naseer Ahmed in the sum of Rs.10,00,000/-each total Rs. 20,00,000/- by depositing Defence Saving Certificates. Since surety is no more required therefore, application is allowed. Nazir is directed to return the Defence Saving Certificates to the surety after proper verification and identification as per rules.
JUDGE
JUDGE
Gohar PS