ORDER SHEET

 

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

 

Criminal Bail Appln. No. S-105 of 2025

 

 

Applicant

 

Abdul Fatah s/o Ahmed Shaikh,

 

 

Through Mr. Muhammad Zubair Malik, advocate

 

 

 

The State

 

Through Mr. Oshaq Ali Sangi, Assistant Attorney General for Pakistan a/w Sadam Lashari, Inspector F.I.A. Sukkur.

 

Date of hearing

 

26-03-2025

Date of order

 

26-03-2025

 

 

SHAMSUDDIN ABBASI, J.- Through instant criminal bail application, the applicant/accused Abdul Fattah s/o Ahmed Shaikh, seeks post-arrest bail in Crime No. 15/2024, registered at Police Station F.I.A. Composite Circle Sukkur, for the offence U/S 3,4-AMLA-2010 (Amended 2020), R/W Section 109 P.P.C, after rejection of his bail plea by the learned I-Additional Sessions Judge/Tribunal Larkana vide order dated 20.02.2025.

2.                               It is alleged in the FIR that FIR No.01/2023 was registered with respect to offence, punishable under Section 23 of the Foreign Exchange Regulation Act, 1947 against the applicant and that during inquiry, it was found that the proceed has been generated from the predicate offence, alleged in the said FIR and resultantly, during investigation, a Toyota Corolla GLI Car of 2017 model bearing registration No.BKS-850, Chassis No.NZE170R4129339, Engine No.2503157 has been found to have been purchased by the applicant during the commission of said offence as also huge amount has been found in his different bank accounts with different account titles às are detailed in the FIR and, therefore, the offence under Section 3 of the Anti-Money Laundering Act, 2010 has been alleged in the present FIR to have been committed..

3.                               Learned counsel for the applicant/accused submits that present F.I.R is outcome of earlier F.I.R bearing No.01/2023 of Police Station FIA Composite Circle Larkana for offence U/S 4,5 & 23, Foreign Exchange Regulation Act-1947 (FERA) (Amended-2020) r/w Section 109 P.P.C; that alleged offence does not come within the ambit of prohibitory clause of Section 497 Cr.P.C; that bank accounts as mentioned in the instant F.I.R are part of investigation of earlier F.I.R, so no case for registration of second F.I.R has been made out in view of case of Sughra Bibi versus The State (PLD 2018 S.C 595); that case of prosecution rests upon the documentary evidence and investigation has been completed and applicant is no more required for further investigation, therefore, question of tampering in the evidence does not arise. He has relied upon the case laws reported as 2023 YLR 166 and 2019 P.Cr.L.J 1608. He prayed for grant of post-arrest bail.

4.                               On the other hand, learned D.A.G. assisted by I.O of the case has vehemently opposed for grant of bail on the ground that applicant is nominated in the F.I.R and during investigation, it has come on the record that he is involved in the transaction of different accounts to the tune of Rs. Two Billions; that sufficient evidence has been collected by the I.O to connect him with the alleged offence, which comes within the ambit of Section 497 Cr.P.C. He has relied upon the case of MAHENDAR KUMAR and 2 others versus The State (2022 YLR 846)[Sindh].

5.                               Heard learned counsel for the applicant, learned D.A.G. and perused the material available on the record.

6.                               From perusal of record, it appears that instant F.I.R/case is outcome of F.I.R No.01/2023 of P.S F.I.A. Composite Circle Larkana, registered U/S 4,5 & 23, Foreign Exchange Regulation Act-1947 (FERA) (Amended-2020) r/w Section 109 P.P.C (Offence of Money Laundering Act 2020). During investigation of earlier F.I.R, it has come on the surface that applicant is involved in antimony laundering offence and he generated the proceeds of crime from the predicate offence of Hawala/Hundi, illegal sale and purchase of foreign currency by acquiring movable/immovable properties. During investigation a Toyota Corolla GLI Car of 2017 model bearing registration No.BKS-850, Chassis No.NZE170R4129339, Engine No.2503157 has been found to have been purchased by the applicant during the commission of said offence and huge transactions have been found in his different bank accounts with different account titles, therefore, separate F.I.R has been lodged by F.I.A Composite Circle, Sukkur. It is matter of record that applicant was admitted on bail in earlier F.I.R No.01/2023. He is in custody since 21.01.2025. Case of prosecution rests on officials witnesses as well as on documentary evidence, therefore, question for tampering with the evidence does not arise. Case has been challaned and applicant is no more required for further investigation. Section 4 of AML- Act 2010 (Amended 2020) provides punishment which shall not be less than one year but it may be extended upto 25 years. It is settled proposition of law that minimum sentence is to be considered at bail stage, therefore, it would be considered that alleged offence does not come within the ambit of prohibitory clause of Section 497 Cr.P.C. Rule in such like offence is grant of bail and its refusal is exceptional, as held by Hon'ble Supreme Court in a case reported in PLD 2017 S.C 733 and in a case of Tariq Bashir reported in PLD 1994 S.C 34.

7.                               Applicnt was already admitted in earlier F.I.R/case and present case is off shot case of a main case. Sufficient grounds are available on the record which make the case of the applicant for grant of post arrest bail, therefore, he is admitted on post-arrest bail subject to furnishing solvent surety in the sum of Rs.300,000/- (Rupees Three Hundred Thousand) and P.R bond in the like amount to the satisfaction of learned trial court.

8.                               Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned trial court while deciding the case of either party at trial.

 

J U D G E

 

Abdul Salam/P.A