KARACHI: Justice Adnan Iqbal Chaudhry set aside a bail cancellation order passed by Special Customs Court, Karachi after seeing two different orders on an application filed by surety seeking time to produce Accused on next date of hearing.
The bench heard Ghulam Haider Shaikh Advocate from Franklin Law Associates who filed a Special Criminal Bail application No 95/2023 granted to one Zulfiqar S/o Ghulam Rasool. The counsel argued that accused / applicant was admitted to post arrest bail on 5.4.2019 in a customs case (F.I.R. No 03/2019 registered at MCC, East) The accused remained absent on two dates at which notices were issued to the surety who appeared and filed an application requesting the court to allow him time to produce the accused on next date of hearing.
The court, as per counsel, passed two orders, in one order, request was allowed and in another passed on same day, the request was declined.
The accused then filed the instant bail application. The single judge of SHC after hearing arguments and perusing different orders on same application purportedly passed by the Special Custom Court, Karachi sat aside the order of cancellation of bail holding that post arrest bail granted to the accused comes back in the field. The court however observed that if the accused remain absent from trial court on next date of hearing trial court will be free to pass a fresh order.