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KARACHI, Oct 16: A bench of Sindh High Court, comprising Justice Muhammed Ashraf Leghari, on Tuesday dismissed the bail application of Shoaib Khan in an abduction-for-ransom case.
Khawaja Naveed Ahmed appearing for the accused sought bail in the case registered by PS Gizri on a complaint by Muhammed Yousuf who alleged that Shoaib, accompanied by some accomplice abducted Haji Ibrahim from house No. 96/2, Khyaban-i- Ghazi, Defence Housing Authority, on Jan 8.
The counsel for applicant contended that the case was foisted against his client and in fact the abductee went underground and may have gone out of the country for unknown reasons.
Shahadat Awan, counsel for the complainant party and state counsel Jawed Akhtar, submitted that according to track system installed in the car of the abductee, the vehicle remained stationed inside the house of the accused for an hour just after the alleged abduction.
They also relied on a statement of an alleged eye-witness Kamal Hussain, a junk vendor and other prosecution witnesses who supported the eye-witness account.
The bench after hearing both the sides dismissed the bail application.
Another bench of SHC comprising Justice Ghulam Rabbani and Justice Musheer Alam adjourned the hearing of a constitutional petition filed by Haji Abdul Razzak of ARY Gold Corporation seeking quashment of proceedings of bank fraud case against the petitioner.
When the case was called, DAG for Pakistan, Syed Zaki Muhammed informed the court that Advocate-General Sindh Raja Qureshi will represent the federation in the instant case.
Abdul Hafeez Lakho, counsel for the petitioner, requested the court that if the matter is being put off, a short date may be given. The bench acceding to the request put off further hearing till Oct 25.
The case has been remanded back by a bench of Supreme Court of Pakistan while allowing a leave to appeal filed by the MCB which impugned a judgement of another bench of SHC comprising Chief Justice Saiyed Saeed Ashhad and Justice Musheer Alam quashing the proceedings of the case before the Special Court for Crimes in Banking Circle.
The MCB moved the apex court on the ground that MCB was not heard by the SHC bench. A. H. Lakho conceded the legal position after which the apex court remanded the petition for hearing by another bench of SHC.
REFEREE JUDGE: Justice Ghulam Rabbani of the Sindh High Court who was appointed as referee judge to decide an anti-terrorism appeal reserved judgement on Tuesday.
The appeal was filed by Muhammed Amir, Naushaduddin, Sarfraz, Arshad Ali and Muhammed Nauman who were sentenced to death by an ATC in a murder case of 1992.
According to the prosecution, the appellants belonging to Muttahidda Qaumi Movement fired at a wedding procession in which five persons were killed while eight others including women and children sustained fire-arm injuries in Liaquatabad.
The accused filed an appeal assailing their conviction and sentence before an ATA bench, comprising Justice S.A. Rabbani and Justice Wahid Bux Brohi.
Justice S. A. Rabbani, senior member of the bench, allowed the appeal while Justice Wahid Bux Brohi dismissed the appeal after which the appeal was entrusted to Justice Ghulam Rabbani as referee judge for deciding the matter.
When the appeal came up for hearing, A.Q. Halepota, Abdul Hafeez Lakho and Syed Iqtidar Ali Hashmi submitted before the bench that the appellants have been in jail since last nine years as they were in custody since Oct 17, 1992.
They requested the court to decide the appeal on whatever evidence is available on file and on merits. AAG Habib Ahmed appearing for the state said he was also of the view that the petition be decided on merit.
The referee judge after these statements by both the sides reserved the judgement assuring decision as soon as possible.—PPI/APP
