ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Bail Application No.405 of 2012

    Date                           Order with signature of Judge

 

 

1.         For orders on MA No. 3129/12

2.         For hearing.

 

09.05.2012.

 

Mr. Mohammad Ashraf Kazi for the applicant.

Mr. Ashique Raza, DAG for the State

-.-.-

 

            The applicant/accused Asif Khudia has through the present application sought bail in Crime No.5 of 2012 registered at police station FIA, Corporate Crime Circle, Karachi, for offences under sections 409, 420, 477-A, 109, 34 PPC.

 

            The brief facts of the prosecution case are that the applicant/accused who is one of the five directors of Eastern Capital Limited, a brokerage house dealing in securities (“the company”) in connivance with co-accused namely Munir Muhammad Ladha, Executive Chairman of the Company, Abdul Samad Ladha, Chief Executive Officer of the Company and one Mudassar Iftikhar, the Karachi Stock Exchange Limited and four different banks, as nominated in the FIR, pledged shares of their various clients including the complainant Aman Aziz Siddiqui with the banks to secure certain finances obtained by the Company unauthorizedly and illegally and as a consequence of default committed by the company the nominated banks have sold such pledged shares causing colossal loss to the complainant and other clients of the Company.

 

            Mr. Mohammad Ashraf Kazi, learned counsel for the applicant, submits that though the applicant/accused was arrested on 31.3.2012 and has remained in the custody of FIA up to 11.4.2012, absolutely no such material could be obtained by the I/O which may connect the applicant/accused with the alleged offence. He submits that none of the witnesses whose 161 Cr.P.C. statements have been recorded by the I/O have alleged any personal involvement of the present applicant/accused in the entire transaction.  Learned counsel submits that although the I/O has seized the eBntire record from the office of the Company, however, no document has come to fore which may remotely connect the applicant/accused with the crime. Mr. Kazi further submits that the present applicant/accused has neither signed nor executed a single document in respect of the subject transaction and holds merely 0.02% shares in the Company. He further submits that absolutely no allegation has been made against the applicant/accused by the complainant throughout. Mr. Kazi submits that the applicant/accused is absolutely innocent and has been falsely implicated in the case. He refers to order dated 18.04.2012 passed by this Bench in Criminal Bail Application No.380 of 2012 where in the similar facts and circumstances a co-accused namely Syed Muhammad Furqan has been granted bail and requests that following the principle of consistency the applicant/accused may also be admitted to bail as he is even otherwise entitled to grant of bail.

 

            Mr. Ashiq Raza, learned DAG appearing for the State, submits that since in the similar facts and circumstances the co-accused, as submitted by Mr. Kazi, has already been granted bail, he would not oppose the bail application.

 

            In the circumstances, the applicant/accused is admitted to bail subject to his furnishing a surety in the sum of Rs.1,000,000/- (One Million) and PR bond in the like amount to the satisfaction of the Nazir of this Court.

 

 

  JUDGE

 

 

 

 

JUDGE