ORDER SHEET
IN THE HIGH
COURT OF SINDH,
C.P. No.D-1049
of 2017
________________________________________________________
Date
Order with
signature of Judge
________________________________________________________
1. For order as to
non-prosecution on
CMA No.12899/2018
2. For Hg. of CMA
No.5507/2017
3. For hearing of
main case
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20.06.2018
Mr. Amir Raza Naqvi, advocate for petitioners in this petition and C.P. No.D-6605/2016.
Mr. Khawaja Muhammad Azeem advocate holding brief for Mr. Waseem Shaikh counsel for petitioner in C.P. No.D-2213 of 2017.
All petitioners present on bail except petitioner Iqbal Ahmed in C.P. No.D-2213/2017.
Mr. Muhammad Altaf Special Prosecutor NAB alongwith Abdul Fatha I.O. of the case.
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1) Special Prosecutor NAB submits that meeting of the Executive Board of NAB is to be convened today and approval of the reference will be considered. Learned counsel for the petitioner submits that copy of this application has already been provided to the learned Special Prosecutor NAB.
Through this application the petitioner is seeking return of his passport and permission to proceed abroad. It is contended that the three married daughters of the petitioner are residing abroad at U.A.E., U.K. and Canada. The petitioner intends to meet his daughters and grandchildren. Learned counsel for the petitioner contends that petitioner Zeshan Karimi in connected C.P. No.D-6605/2016 and petitioner Yasser ul Haq Effendi in connected C.P. No.D-1107/2017 filed Civil Petitions bearing Nos.214-K and 637-K of 2017 respectively and the Honourable Supreme Court of Pakistan vide order dated 21st December, 2017 ordered to return the passports of the petitioners. For the sake of convenience relevant portion of the order is being reproduced hereunder:-
“In the circumstances,
the interim pre-arrest bail granting orders to the extent of directing deposit
of passport stands expunged and consequently the passports of the petitioners
would be returned”.
Learned
counsel for the petitioner submits that same treatment may also be extended to
the present petitioner, who is subject to the same reference.
Learned
Special Prosecutor NAB in view of order of the Honourable Supreme Court of
Pakistan, referred to above, has given his no objection for grant of instant
application.
Consequently,
instant application is allowed and the passport of the petitioner would be
returned subject to furnishing additional surety of Rs.1,000,000/-
(Rupees One Million only) and P.R. Bond in the like amount to the satisfaction
of the Nazir of this Court. Petitioner is allowed to proceed aboard for a
period of thirty (30) days, which would start from his departure. However,
prior to his departure if reference is filed petitioner is directed to appear
before the Accountability Court and obtain permission of his departure from
there. Petitioner is directed to file order sheet(s) of the learned Trial Court
showing his attendance. On return to
the country the petitioner is directed to deposit his passport either to the
Nazir of this Court or before the Accountability Court.
2&3) Adjourned to 16.08.2018. Khawaja
M. Azeem advocate submits that petitioner Iqbal Ahmed in C.P. No.D-2213/2017
has gone to his native place at Rawalpindi and requests to condone his absence.
While taking lenient view his absence is condoned only for today. However, he
is directed to remain careful in future.
JUDGE
JUDGE