ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Misc. Application No.551 of 2021

(Bilal Khan Afridi vs. The State)

Date Order with signature of Judges

For hearing of main case

12.06.2023

Mr. Umar Farooq Khan, advocate for the applicant

Mr. Siraj Ali Khan Chandio, Additional Prosecutor General Sindh

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The applicant is facing trial before learned Special Judge, Anti-Corruption (Provincial) Karachi, he by making an application under section 249-A Cr.PC sought for his acquittal, it was dismissed by learned trial Court vide order dated 07.04.2021, it is in these circumstances the applicant has sought for quashment of the proceedings against him by preferring the instant criminal miscellaneous application u/s 561-A, Cr.PC

It is contended by learned counsel for the applicant that except the applicant, all the accused involved in the incident have died, he is a private individual therefore the trial against him would not raise probability of his conviction, therefore, proceeding against him to be quashed.

Learned APG for the State has sought for dismissal of the instant Cr. Misc. Application by contending that the applicant is the main beneficiary of the land fraud involving billions of rupees towards fraudulent allotment of public property and there is possibility of his conviction.

Heard arguments and perused record.

The applicant is alleged to be involved in the fraudulent allotment of the public property involving billions of rupees. In such situation, proceedings against him could not be quashed by making an observation that he is a private individual; ignoring vicarious liability on his part, without providing chance to the prosecution to prove its case against him; such quashment; if is ordered, would amount to denial of right of fair trial to prosecution, which is guaranteed by Article 10-A of the Constitution of the Islamic Republic of Pakistan, 1973. Consequently, instant criminal miscellaneous application being misconceived is dismissed accordingly, with direction to the learned trial Court to expedite the disposal of the case against the applicant.

J U D G E