ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-875 of 2024

DATE

ORDER WITH SIGNATURE OF JUDGE.

 

1.      For orders on Misc. No.4170/2024 (U/A)

2.      For orders on office objections 9 and 32

3.      For orders on Misc. No.4171/2024 (Exp/A)

4.      For hearing of main case

----------------------------------------

20.02.2024

            Mr. Raghib Ebrahim Junejo, advocate for petitioner

            ---------------------------

 

            Through this constitution petition, petitioner Sadia Ejaz, who is at Vancouver, Canada, through her attorney/husband, namely, Ejaz Ahmed seeks protective bail in FIR No.19/2023, registered at P.S. FIA, ACC, Karachi for offences under Sections 5(2), PCA, 1947 read with Section 156(8)(89) of the Customs Act, 1969 read with Section 109, PPC. Counsel for petitioner read out the contents of aforesaid FIR and final reports submitted before Special Judge, Anti-Corruption (Central-I), Sindh, Karachi and Special Judge, Customs, Taxation and Anti-smuggling, Karachi. It appears that the name of the petitioner does not transpire either in the FIR or in the final reports. Counsel for petitioner was directed to satisfy the Court as to how protective bail can be granted to the petitioner when she is not required as an accused before the aforesaid Courts. Under Section 498-A of the Code of Criminal Procedure, 1898, bail can only be granted to a person against whom FIR is lodged. Section 498-A, Cr.PC is reproduced as under:

“498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered etc. Nothing in section 497 or section 498 shall be deemed to require or authorize a Court to release on bail, or to direct to be admitted to bail any person who is not in custody or is not present in Court or against whom no case stands registered for the time being and an order for the release of a person on bail, or direction that a person be admitted to bail shall be effective only in respect of the case that so stands registered against him and is specified in the order or direction.”

 

            Counsel for petitioner in end, submits that name of the petitioner has been placed on watch list by the FIA officials and he seeks withdrawal of the petition to file a fresh one for seeking such relief as, in this petition, prayer for withdrawal of the name of petitioner from watch list is not mentioned.

 

            In view of above legal position, instant petition is dismissed as withdrawn, however, the petitioner would be at liberty to file a fresh petition as provided under the law.

 

                                                                                                                         J U D G E

 

                                                                                                J U D G E

Gulsher/PS