ORDER
SHEET
Crl. Bail Application No. 1585 of 2022
(Abbass Khan vs.
The State)
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Date Order
with signature of Judge
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For hearing
of bail application
Mr. Tariq
Mehmood A. Khan advocate for applicant
Mr.
Habib Ahmed, Special Prosecutor ANF
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IRSHAD
ALI SHAH, J.-
It is alleged that the applicant generated billion of rupees unlawfully by an
act or omission relating to narcotic substance directly or indirectly, for that
he was booked and reported upon by ANF.
2. The
applicant on having been refused post-arrest bail by learned Judge, Special
Court-II (CNS) Karachi, has sought for the same from this Court by way of
instant application under Section 497 Cr.P.C.
3. It
is contended by learned counsel for the applicant that the applicant being
innocent has been involved in this case falsely by the ANF; he has generated the
funds by lawful means and ANF has nothing to do with offence relating to
Anti-Money Laundering Act. By contending so, he sought for release of the applicant
on bail on point of further inquiry.
4.
Learned Special Prosecutor ANF has sought for dismissal of the instant
application by contending that the applicant is hardened criminal and has generated
the funds by selling narcotics substance himself and through his relatives.
5. In
response to above, it is contended by learned counsel for the applicant that
applicant has not been convicted in any case and mere pendency of some cases
against him is not enough to conclude that he is hardened criminal, even
otherwise, this may not be a reason to withhold the concession of bail to
him. In support of his contentions, he
relied upon the cases of Qurban Ali vs.
The State and others (2017 SCMR 279), it is on distinguishable facts and
circumstances.
6.
Heard arguments and perused the record.
7. If
for the sake of argument, it is believed that the officials of the ANF have no
power to investigate the case under Anti-Money Laundering Act, even then the
allegation of ANF against the applicant that he has generated the huge funds by
an act or omission relating to narcotic substance could not be lost sight. The
applicant has not been able to produce any document, which may suggest that he
has earned such a huge money in a lawful manner. The offence alleged against
the applicant is affecting the society at large and is entailing the punishment
upto 14 years. It is falling within prohibitory clause. The deeper appreciation
of facts and circumstances is not permissible at bail stage. In these
circumstances, it could be concluded safely that no case for grant of bail to
the applicant is made out.
8. Consequently,
the instant bail application is dismissed with direction to learned trial Court
to expedite the disposal of very case against applicant preferably within 03
months after receipt of copy of this order.
JUDGE