KARACHI, Feb 11: A division bench of the Sindh High Court has recalled its earlier order on granting bail before arrest to Yunus Dalia, former president of Habib Bank, who, according to the court, had suppressed the facts.

The bench comprised Justice Shabbir Ahmed and Justice Moosa K. Leghari.

The applicant had obtained interim bail before arrest by an order dated December 31, 2001 by this bench, though his bail application 1113/2001, filed on his behalf through M. Ilyas Khan, advocate, had been dismissed on February 10, 2001 by a division bench consisting of Justice Roshan Essani and Justice S. A. Rabbani.

According to the order, the present bail application was filed by suppressing the fact of the previous bail application. Thus the order dated Dec 31, 2001 had been obtained by the applicant by suppression of facts.

The court also noted that the office had also placed misguiding note that no bail application had been filed earlier. Such endorsement was made by the branch concerned on Dec 29, 2001. The application was supported by affidavit, but the filing of criminal bail application 113/2001 had not been disclosed.

The court held that a false affidavit had been filed.