ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 1751 of 2020

[Muhammad Altaf Khan Versus The State]

Date Order with signature of Judges

For hearing of M.A No.919/2023

26.06.2023

Mr. Muhammad Hanif Qureshi, Advocate for the Applicant

Mr. Malik Sadaqat Ali Khan, Assistant Attorney General

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The facts in brief necessary for disposal of listed application are that the applicant was released on bail by this Court, subject to furnishing surety in sum of Rupees Twenty Lacs, additionally was directed to deposit his original passport with this Court, which he did and now has sought for return of his passport by way of listed application.

It is contended by learned counsel for the applicant that the applicant intends to perform Hajj/Umrah, therefore, he is in need of his original passport. By contending so, he sought for direction against office to return the passport to the applicant for the purpose.

It is contended by learned Assistant Attorney General that nothing has been brought on record which may suggest that the applicant is intending to perform Hajj/Umrah, even otherwise, return of original passport to the applicant amounts to review of earlier order which is not permissible at law. By contending so, he sought for dismissal of listed application.

Heard arguments and perused the record.

If for the sake of argument, it is believed that the applicant actually is intending to perform Hajj/Umrah and for that he is in need of his original passport, even then same could not be returned to him simply for the reason that such exercise would amount to review of the earlier order of this Court, which could not be reviewed in terms of section 369 Cr.P.C. Consequently, the listed application being misconceived is dismissed accordingly.

JUDGE