KARACHI, Feb 20: A division bench of the Sindh High Court on Wednesday granted bail to Asadullah Abbasi, assistant mukhtiarkar, Malir, in the sum of Rs200,000, while hearing his appeal against conviction by an accountability court.

The bench comprised Justice Ghulam Nabi Soomro and Justice Sarmad Jalal Osmany.

The accused was involved in NAB reference No 28/2000 and was convicted by the accountability court No 1, presided over by Dr Qamaruddin Bohra, under section 31-A of the NAB Ordinance on a charge of deliberately absconding from the main case on March 19, 2001, whereas the main case was kept on dormant file.

The accused filed appeal against conviction and surrendered before the trial court on March 27, 2001. He was taken into custody and tried by the court in the main case. He was finally acquitted of all the charges in the main case on April 14, 2001.

On Wednesday, his appeal against conviction came up for hearing before the division bench. The main appeal was adjourned for hearing along with other similar appeals to Feb 27. However, counsel K. M. Nadeem, who was assisted by Mohammed Mustafa Husain and Rizwan K. Nadeem, advocates, submitted that there was no justifiable ground to keep the above-mentioned accused languishing in jail on the so-called charges of absconsion, when he stands acquitted in the main case, and therefore he should be granted bail.

He referred to the provisions of section 426 (1) CrPC and section 423 (d) CrPC which embodies the doctrine of ancillary and incidental powers of the court.

Special Prosecutor Anwar Tariq conceded that the appellant has been acquitted in the main case after trial.

The court after hearing the parties granted bail to the accused in the sum of Rs200,000 and a personal bond in the like amount.

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