AHMED ALI KHAN Versus THE STATE

ORDER

1. This bail application had come up for hearing on 15-10-1985 but none had appeared for State. However, the hearing was postponed for the next day i.e. 16-10-1986 to enable the counsel for the State to appear. On 16-10-1986 Mr. A. Rasheed Nizamani, Advocate, was present in Court and he informed that Mr. Shamshad Lari, Advocate, was appearing on behalf of the State but he had not come. The case was then adjourned for today. Today also Mr. Shamshad Lari, Advocate, is not present. Mr. Rana M. Shamim, learned counsel for the applicant, states that he had informed the office of Mr. Shamshad Lari that the hearing is fixed for today. Mr. A . Rasheed Nizamani, Advocate, is also present today in connection with some other case and he also states that he has also informed the junior of Mr. Shamshad Lari about the date of hearing fixed today. However, no one has appeared on behalf of the State.

2. I have heard Mr. Rana M. Shamin, learned counsel for the applicant, and I have also gone through the documents filed alongwith the present bail application, which are certified copies of F.I.R. dated 27-9-1986, interim challan dated 27-9-1986 and the order dated 13-10-1986 of the learned Special Judge rejecting the bail application of the applicant moved before him. The case against the applicant i.i of attempted smuggling of Rs.10,00,000 in Pakistani Currency. From the allegations made against applicant in the F. I. R. and interim challan. it appears to be a matter of further enquiry, whether the applicant was at all a beneficiary. The contention of the learned counsel for the applicant is that from the allegation made against the applicant the prosecution case appears to be that the applicant acted as a mere carrier. Learned counsel for applicant relies upon 1976 SCMR 190 for the proposition that a lenient view has to be taken against a carrier in so far as the grant of bail is concerned.

3. In my view also, a case for bail has been made out in the circumstances of this case by the applicant. Special Criminal Bail Application No.78/86 is granted and it is directed that applicant Ahmad ali Khan s/o Wajid Ali Khan be released on bail on his furnishing two sureties in the sum of Rs.50,000 each with PR bond in the like amount to the satisfaction of the learned Special Judge.

4. S.A./A-195/K Bail granted.