ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Present: Mr. Justice Sajjad Ali Shah

Mr. Justice Naimatullah Phulphoto

Cr. Bail Applications Nos.262 & 263 of 2013

______________________________________________________

Date Order with signature of Judge

For hearing.

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29.03.2013

Mr. Abdul Qadir Halepota and Mr. Salman Safdar, Advocates along with Applicant General (Retd.) Pervez Musharaf.

Mr. Shahadat Awan, Prosecutor General Sindh.

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O R D E R

We had allowed protective bail to the applicant General (Retd.) Pervez Musharaf vide our Order dated 22.03.2013 enabling him to surrender before this Court and thereafter to consider his request for transitory bail enabling him to appear and surrender before various Courts where cases are pending against him. Today he has effected appearance before us and prays for transitory bail to appear and surrender before Anti-Terrorism Court at Rawalpindi in Crime No.471/2007 of Police Station City Rawalpindi and before trial Court at District Dera Bugti, Balochistan in Crime No.26/2009 of Police Station Dera Bugti and to face trial.

Mr. A.Q. Halepota, learned counsel for the applicant, contends that this is the first time in the history of this country that a person, who has remained four-star General in Pakistan Army and President of this country, has returned to Pakistan only to face charges in various Courts of law. It is contended that the very fact that he has returned to Pakistan and has surrendered before this Court in order to face the trial would show the amount of respect he has for the Courts of law. Per counsel though the applicant on 22.03.2013 was allowed protective bail for 15 days despite he has surrendered before this Court well before expiry of the said period which reflects that he has no intention whatsoever to misuse the concession of bail. It is contended that the applicant is seriously apprehending his arrest for offences which he never committed. It is therefore, prayed that taking into consideration the fact that the applicant has to effect appearance at Rawalpindi and thereafter at Quetta five weeks transitory protective bail may be granted.

On the other hand Mr. Shahadat Awan, learned Prosecutor General Sindh, has vehemently opposed the grant of protective transitory bail to the applicant on the plea that applicant is an absconder and is required in the assassination case of twicely elected Prime Minister of this country. Learned Prosecutor General while placing reliance on the judgment of the Apex Court in the case of Awal Gul Vs. Zawar Khan and others (PLD 1984 Supreme Court 402) says that the applicant being fugitive from law is not entitled to the concession of protective transitory bail. He therefore, prays that instant application be dismissed.

In response Mr. Halepota contends that one of the referred cases was registered against the applicant while he was out of country, whereas, in the second case though it was registered in 2007 but the applicant was falsely implicated after the trial commenced, therefore, the applicant could not be termed absconder.

We have heard the learned counsel for the respective parties and have gone through the judgment of the Apex Court in the case of Awal Khan (supra) relied upon by the learned Prosecutor General while opposing the instant application. Suffice it to observe that in the cited case bail was granted by the Peshawar High Court on merits to the accused persons who remained fugitive from law and the Apex Court while observing that a fugitive from law and Courts looses some of their normal rights granted by the procedural so also substantive law, recalled the concession. However, in the instant case we are not considering the case of the applicant on merits but are considering his request of providing transitory protection enabling him to surrender before the trial Court. Consequently, we leave it for the trial Courts to consider this point while deciding the bail plea of the applicant on merits. We therefore, without entering into any controversy or touching the merits of the cases pending against the applicant only to enable him to appear and surrender before the trial Courts, grant him transitory bail for a period of 21 days from today on the same surety which has already been furnished in the instant cases with the condition that the applicant General (Retd.) Pervez Musharaf would not leave the country without permission from the trial Courts. Let copy of this order be communicated to the Secretary, Ministry of Interior as well as Director General Immigration and Passports for strict compliance.

JUDGE

*FarhanPS/Amjad PA*

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Bail Application No.262 of 2013

_____________________________________________________

Date Order with signature of Judge

1. For Orders on M.A. No. 1629/2013 (urgent)

2. For Orders on M.A. No. 1630/2013 (exemption)

3. For hearing

(attention is respectfully invited to the office note and orders passed thereon by the Hon’ble Chief Justice at flag ‘A’)

22.03.2013

M/s Abdul Qadir Halepota and Salman Safdar Advocates for the applicant

………

1. Granted.

2. Granted subject to all just exceptions.

3. Mr. A. Q. Halepota, learned counsel appearing for the applicant contends that the applicant has remained as President of this country for a very long time and after his departure from Pakistan he has been falsely implicated in number of cases. Mr. Halepota says that applicant now intends to come to Pakistan but seriously apprehends his arrest no sooner he lands in Pakistan, therefore, necessary protection be provided to him enabling him to surrender before this Court and thereafter his request for transitory bail may be considered so that he can surrender before Anti Terrorism Court at Rawalpindi in Crime No.471/2007 under Section 302, 324, 435, 436, 120B, 109, 118, 119, 201, 211 PPC 4/5 ESA and 6/7/21-C/21-1/11L ATA 1997 of Police Station Rawalpindi.

Without touching the merits of the case, only in order to enable the applicant to approach this Court, he is granted protective bail for a period of 15 days from today upon furnishing solvent surety in the sum of Rs.100,000/- (One Hundred Thousand only) and P.R. bond in the like amount to the satisfaction of Nazir of this court. Once applicant surrenders before this Court then his request for the grant of transitory bail would be considered. Notice to Prosecutor General Sindh for 10.04.2013.

JUDGE

Amjad PA

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Bail Application No.263 of 2013

_____________________________________________________

Date Order with signature of Judge

1. For Orders on M.A. No. 1631/2013 (urgent)

2. For Orders on M.A. No. 1632/2013 (exemption)

3. For hearing

(attention is respectfully invited to the office note and orders passed thereon by the Hon’ble Chief Justice at flag ‘A’)

22.03.2013

M/s Abdul Qadir Halepota and Salman Safdar Advocates for the applicant

………

1. Granted.

2. Granted subject to all just exceptions.

3. Mr. A. Q. Halepota, learned counsel appearing for the applicant contends that the applicant has remained as President of this country for a very long time and after his departure from Pakistan he has been falsely implicated in number of cases. Mr. Halepota says that applicant now intends to come to Pakistan but seriously apprehends his arrest no sooner he lands in Pakistan, therefore, necessary protection be provided to him enabling him to surrender before this Court and thereafter his request for transitory bail may be considered so that he can surrender before the Court at District Dera Bugti, Balochistan in Crime No.26/2009 under Section 302, 324,34 PPC at Police Station Dera Bugti.

JUDGE

Amjad PA

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Bail Application No.262 of 2013

_____________________________________________________

Date Order with signature of Judge

1. For Orders on M.A. No. 1629/2013 (urgent)

2. For Orders on M.A. No. 1630/2013 (exemption)

3. For hearing

(attention is respectfully invited to the office note and orders passed thereon by the Hon’ble Chief Justice at flag ‘A’)

22.03.2013

M/s Abdul Qadir Halepota and Salman Safdar Advocates for the applicant

………

1. Granted.

2. Granted subject to all just exceptions.

JUDGE

Amjad PA