Criminal Bail Application No.419 of 2011
Date Order with signature of the Judge
1. For order on MA No.2527/2013 a/w office objection reversed.
2. For further order a/w office objection on reverse of MA No.2374/13.
(Appl. a/w annexures filed by wife of applicant as at flag “A”)
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Applicant’s wife Mrs. Shazia Asif present in person.
Mr. Dilawar Hussain, Standing Counsel along with Tanveer Ahmed representative of FIA.
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On 26.4.2013, while counsel for the applicant was arguing the instant bail application, it transpired that the Special Court (Offences in Banks) Sindh at Karachi had granted Interim Pre Arrest Bail to the applicant against surety of Rs.48,00,000/-. Applicant thereafter moved an application for reduction of surety, but the same on 05.03.2011 was dismissed on account of non-prosecution. The applicant thereafter on 16.03.2011 filed Criminal Misc. Application No. 112 of 2011 before this Court seeking reduction of surety. On 21.03.2011 on account of non-furnishing of surety Special Court recalled its order granting interim pre arrest bail. It appears that while said Crl. Misc. Application seeking reduction of surety was pending before this Court, the applicant on 29.03.211 filed the instant bail application and obtained interim pre arrest bail against surety of Rs.200,000/- and thereafter did not persue the said Crl. Misc. Application No. 112 of 2011 seeking reduction of surety which on 17.08.2011 was dismissed on account of non-prosecution.
In fact, on account of non-submitting of surety the interim bail order was recalled and the applicant as appears from the order dated 29.03.2011 presented that interim pre arrest bail application was dismissed. However, the bail application was never dismissed by this Court entitling the applicant to move this Court. We consequently while dismissing the instant application observed that the instant bail application was incompetent, however, we directed that the applicant shall not be arrested for seven days enabling him to avail appropriate remedy in accordance with law. The matter again came up on 9.5.2013 when despite the fact that the applicant failed to effect appearance before this Court we at the request of her wife Mrs. Shazia Asif extended protection in terms of order dated 26.4.2013 till 21.5.2013 again with the observation that applicant may avail appropriate remedy.
Today, again applicant has not appeared and her wife has again requested for further time enabling her to move appropriate application for reduction of surety. The record reflects that despite grant of sufficient time applicant has failed to avail appropriate remedy and has further despite rejection of his bail application has failed to effect appearance before this Court. We today again directed that at least applicant be produced before this Court but her wife refused to produce him before the Court by saying that he will be arrested if produced before this Court. Even otherwise, wife of the applicant Mrs. Shazia Asif has no locus standi to appear in Criminal Bail Application on behalf of the applicant Muhammad Asif. Since we have already granted sufficient time to the applicant to avail appropriate remedy, therefore, further request does not appear to be justified and, therefore, decline. Consequently, the application dated 02.5.2013 moved by Mrs. Shazia Asif, wife of applicant, is dismissed. Applicant shall surrender himself before the trial Court or to avail appropriate remedy as available to him under the law.
JUDGE
JUDGE