1997 PLP 2775 (MLD)

Ralia M. Shamim for Applicant. M. Sarwar Khan, A.A.‑G. for the State l . Exemption granted.

2. Applicant Muhammad Ayub son of Haji Nawab Din, accused in F.I.R. No. 15/90 under section 3/4, Prohibition (E.O.H.) Order, 1979, has approached this Court for bail after a similar application moved on his behalf in the trial Court of 1st Additional Judge, Karachi‑East is rejected on 12‑7‑1993. The brief facts of the case are that the applicant alongwith co‑accused Hafiz Muhammad Rafiq and Manzoorul Haq were apprehended at Karachi Airport on 22‑11‑1990 for allegedly attempting to smuggle 1500 grams of heroin powder. After usual investigation the applicant and co‑accused were sent up for trial before Special Judge (Customs & Taxation) Karachi under section 156(1)(8) and section 178 of the Customs Act. On 17‑3‑1991 charge was framed and the applicant pleaded guilty to the said charge and lie was convicted and sentenced to R.I. for 3 years and to pay a tine of Rs.1 lac or in default of payment of fine, further R.I. for a period of 6 months with benefit of section 382‑B of Cr.P.C. Separate F.I.Rs. under sections 3 and 4 of Prohibition (E.O.H.) Order, 1979 was filed, besides the F.I.R. under Customs Act and .the applicant is sent up for trial and the case is pending in the Court of 1st Additional Sessions Judge, Karachi‑East. An application under section 265‑K, Cr.P.C. was also moved before the trial Court for the acquittal of applicant, but the same was rejected on 15‑9‑1991. Applicant has filed quashment application (Criminal Miscellaneous Application No.461 of 1991) before this Court seeking quashment of proceedings against him and the said application is admitted to regular hearing but is not disposed of as yet. Further, proceedings before the trial Court are, however, stayed. I have heard the learned counsel for the applicant and the learned A.A.‑G. The latter has not opposed this application. It is contended by the applicant's learned Advocate that the applicant is in custody since 22‑11‑1990 and in the case under Customs Act in which lie is convicted, applicant has served out the entire term of sentence but in this case he is refused bail only for the reasons that because of admission of his quashment petition further proceedings are stayed. It is also pointed out that the co‑accused are on bail. Mr. M. Sarwar Khan, A.A.‑G., who has not opposed this application, has stated that co‑accused on similar charge are granted bail and, therefore, he would not oppose this application. In view of the fact that co‑accused on similar charge have been granted bail by the learned trial Court, I am inclined to grant bail to the applicant herein. He shall be released on bail on furnishing one surety in the sum of Rs.2,00,000 (rupees two lacs) with P.R. Bond in the like amount to the satisfaction of the learned trial Court. The surety to be furnished by the applicant shall be resident of Karachi. This order of bail shall be operative only in case the applicant has already served out the sentence awarded to him by the learned Special Judge (Customs & Taxation) Karachi. N.H.Q./M‑60/K ???????????????????????????????????????????????????????????????????????????????????????????? Bail granted.