ORDER SHEET

HIGH COURT OF SINDH, KARACHI

Cr.Bail No.190/2009

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Date Order with signature of Judge

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25.3.2009

Mr.Khaleeq Ahmed, Advocate for applicant with applicant.

Mr.Mian Khan Malik, DAG alongwith Inspector Abdul Jabbar, FIA.

The applicant is booked in Crime No. 01/2009 under Section 23 and 27 read with Section 30 of the Drug Act 1976 of Police Station FIA Crime Circle, Karachi. The Co-accused Saleem Shah, brother of the present applicant, was granted bail after arrest in the same crime by the Drug Court, while the present applicant was refused bail only on the ground that the applicant is seeking bail before arrest but no case for bail before arrest has been made out.

There is no dispute about this fact that Co-accused against whom similar allegations were leveled has already been granted bail by the trial Court.

Pre-arrest bail application of the applicant/accused was rejected on the ground that Co-accused was granted bail after arrest, whereas he is seeking pre-arrest bail.

However, from the perusal of the case papers, it is evident that the recovery of spurious drugs has already been affected from Co-accused at the time of his arrest and it appars that no recovery was made from the applicant/accused. As Co-accused has already been granted bail, therefore even if the applicant/accused is remanded to custody even then he would be entitled to the grant of bail under the rule of consistency.

Therefore for the sake of keeping him in custody and then releasing him on bail will be an exercise in futility therefore, in the circumstances of the case, we are of the considered opinion that a case for confirmation of interim bail, earlier granted to the applicant/accused has been made out. We therefore confirm interim pre-arrest bail granted to accused on 24.2.2009.

JUDGE