Al Wakeelo
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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: THE STATE and another- VS Respondent: DARIUS B. KANDAWALA
Court Name: Supreme Court of Pakistan Judge(s): Saeeduzzaman Siddiqui, Mukhtar Ahmed Junejo Title: THE STATE and another- vs DARIUS B. KANDAWALA Case No.: Criminal Petition No, 97 of 1994 Date of Judgment:1994-11-21 Reported As: 1995 SCMR 1102 Result: Leave granted
Judgment ORDER ' SAIDUZZAMAN SIDDIQUI, J.---The above petition for leave to appeal has been filed on behalf of the State against the order of a learned Judge in Chambers of High Court of Sindh dated 7-7-1994. By the impugned order, the learned Judge in Chambers admitted a petition for quashment of the proceedings arising out of F.I.R. No, 199 of 1994 which was originally registered under section 32 read with section 156(1) and (14) of the Customs Act, 1969 against the respondent but after submission of the interim challan in the case before the concerned Court, section 5(2) of Act II of 1947 was also added in the said F.I.R. The learned Judge while admitting the petition for quashment of the proceedings also passed the following further order in the case:-- "In the meanwhile applicant is granted bail and he shall be so released if he furnishes one surety in the sum of Rs,5,00,000. (Rupees five lacs only) and P.R. Bond in the like amount to the satisfaction of Nazir of this Court. ' In case the applicant is required in some other case besides F.I.R. No,199/1994, such intimation shall be given to this Court and till then the applicant shall not be re-arrested." The State has filed the above petition to challenge the above quoted portion of the order by which bail was granted to the respondent by the learned Judge in F.I.R. No, 199 of 1994. Mr. Farooq Naek, the learned Deputy Advocate-General contended before us that there was no application moved on behalf of the respondent before the learned Judge either under section 497, Cr.P.C. Or under section 561-A, Cr.P.C. For enlarging the accused on bail. It is also contended by the learned counsel that the bail could not be granted to the accused by the Court under section 561-A, Cr.P.C. In the presence of specific provision in the Code of Criminal Procedure namely section 497, Cr.P.C.
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' The contention raised by the Deputy Advocate-General requires consideration and we, accordingly, grant leave to appeal to consider the same.