IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Misc. Applications Nos. 418, 372, 383, 373 of
2011
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
For
hearing.
-.-.-.-.-.-.-.-.-.
08/12/2014
Mr. Muhammad Siddique Mirza Advocate for
the State.
Mr. Aamir Mansoob Qureshi Advocate for the
Respondents.
-.-.-.-.-.
1. The Additional
Collector of Customs (Preventive) has filed these Criminal Miscellaneous Applications
under Section 497(5) read with Section 561-A Cr.P.C for cancellation of bail.
The bail was granted by the Special Judge-II, (CNS) Karachi in Special Case No.
432/2011 arising out of FIR No. DEC-21/2011-JIAP, under Sections 6, 7, 8 and
9-C of CNS Act, 1997 of PS Customs.
2. Let us
point out the orders passed by the learned trial court in chronological order.
Accused Imtiaz Ahmed was granted bail on 02.11.2011 by the learned trial court
in the sum of Rs.500,000/- and P.R bond in the like amount, accused S.Karar
Haider and Asif Naseer were granted bail vide order dated 04.10.2011 by the
learned trial Court in the sum of Rs.500,000/- each with P.R bond in the like
amount, accused Syed Akhtar Hussain was granted bail vide order dated
12.10.2011 in the sum of Rs.500,000/- by the trial court. The applicant has
applied for the cancellation of bail of the aforesaid accused persons in this
court.
3. Mr.
Aamir Mansoob Qureshi counsel for the Respondents at the very outset pointed
out a copy of order dated 05.03.2012 passed by the honourable Supreme Court of
Pakistan in Criminal Petition No. 99-K of 2011 and argued that in the case of
Naeem Ahmed, the learned trial court dismissed bail application, thereafter, he
approached to this court and the learned Single Judge of this court allowed him
bail, which order was challenged in the honourable Supreme Court through the
aforesaid Criminal Petition. However, after hearing at some length, the honourable
Supreme Court passed a consent order, whereby the petitioner was left at
liberty to file fresh application for cancellation of bail in the trial court,
who will decide the same in accordance with law. Mr. Aamir submits that since
Naeem Ahmed was also involved in the same FIR, in which in the present
Respondents have been granted bail, so the propriety demands that keeping in
view the order of the Apex Court, the applications for cancellation of bail
should be filed before the trial Court, so that the learned trial court may
decide the applications in the same lines.
4. Mr.
Muhammad Siddique Mirza confirms this position and argued that he may be
allowed to file application for cancellation of bail in the trial court in the
same lines as ordered by apex court above.
5. By
consent, the above criminal Misc. Applications are disposed of in the following terms:
“The applicant may file applications for
cancellation of bail of the present Respondents in the trial Court and on
filing such applications, the same shall be decided by the learned trial Court
within 03 weeks.”
Copy of this order may be transmitted to the
trial Court and report compliance may be submitted through MIT-II of this Court.
JUDGE
JUDGE
WASIM PS