IN
THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.229 of
2026
[ Liaquat
Ali alias Abu Bakar & another vs. The State]
Criminal Bail Application No.80 of
2026
[ Abdul Muqeet Bhatti alias Zain versus The State ]
|
DATE |
ORDER
WITH SIGNATUREs OF JUDGEs |
For
hearing of bail applications
-----------------------------------------------------
26.02.2026
M/s Asadullah & Muhammad Jamil in
B.A. No.229/2026
Mr. Amjad Ali, advocate for applicant in B.A. No.80/2026
Mr. Muhammad Ishaque Rajper, Assistant
Attorney General
-------------------------------------------------
Shamsuddin Abbasi,m J. -- Through captioned criminal bail applications,
applicants/accused Liaquat Ali alias Abu Bakar, Muhammad Karim alias Haji Yousuf and Abdul Muqeet Bhatti alias Zain seek
post-arrest bail in FIR No.439/2025, PS FIA AHT Circle, Karachi, for offence
under Sections 3, 4, 6, 7 of the Prevention of Smuggling of Migrants Act, 2018
(Amendment 2025), after rejection of their plea by learned Special Judge
(Central-II), Karachi vide order dated 02.01.2026.
The details and
particulars of the FIR are already available in the bail application and FIR,
same could be gathered from the copy of FIR attached with such application,
hence, need not to be reproduced hereunder.
Learned
counsel for applicants mainly contended that applicants are innocent and they
have been falsely implicated in this case; that there is no evidence against
the present applicants; that only on the basis of statements of alleged
victims, namely, Muhammad Adil, Qamaruddin
Baqir, Attib-ur-Rehamn, Saad Farooq Maan,
they have been booked in this case; that the applicants are not involved in the
commission of offence. Lastly, they pray for grant of post-arrest bail.
On the other hand, learned Assistant Attorney
General has vehemently opposed for grant of bail, however, during the course of
investigation, applicants have been implicated by passengers, Muhammad Adil, Qamaruddin Baqir, Attib-ur-Rehman, Saad
Farooq Maan in the commission
of alleged offence.
Heard
the learned counsel for the parties and perused the material available on
record.
From
perusal of record, it appears that names of the applicants transpire in FIR
with specific role that they contacted with the passengers, namely, Muhammad
Adil, Qamaruddin Baqir, Attib-ur-Rehman, Saad Farooq Maan,
who agreed to pay Rs.5,000,000/- and paid several amounts to
the applicants/accused, however, the remaining amount was promised to be paid
while reaching at Italy; that applicant/accused Abdul Muqeet
Bhatti accompanied them to JIAP Karachi where
applicant/accused Liaquat Ali met with them, showing
himself as FIA Official, who collected their passports and various amounts and
left them on the pretext to arrange their boarding cards, however, the
emigrants saw the accused persons leaving the airport to which they raised hue
and cry due which the applicants/accused were intercepted at Exit Gate of
Parking Area of Airport and were handed over to FIA officials. It is matter of
record that recently, many Pakistanis have lost their lives while traveling
through the sea ways and nowadays, these cases are rising up, as such, it is better course to grab this crime by punishing
accused persons involved therein. Sufficient material is available on record to
connect the applicants with the commission of alleged offence. At bail stage,
only tentative assessment is to be made.
In view of the
above, learned counsel for the applicant has failed to make out a case of
further inquiry in terms of Section 497(2), Cr.PC. Resultantly,
the instant bail applications are dismissed.
However, learned trial Court is directed to expedite the matter and conclude
the same preferably within six months.
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 the
applicant/accused on merits.
Instant criminal
bail applications are disposed of in the above terms.
J U D G E
Gulsher/PS