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Special Criminal Bail Application No. 6 of 1983, decided on 14th March, 1983.

-- S. 498 and Customs Act (IV of 1969), S. 185-B (d)-Bail-Co- accused already released on bail-Case against accused being that only Pakistani currency recovered from him-Trial Court failing to record evidence within time fixed by High Court in a previous order of rejection of bail application-Bail granted.

Muhammad Ibrahim Abbasi for Applicant.

Mrs. Salima Nasiruddin for the State.

The case of the prosecution is that on 21st November, 1982, at about 10-00 p.m. customs party spotted a Toyota pick-up on Coast Line Manjhar in District Karachi and on search found nothing in the pick-up but from personal search recovered 11,14,800 Irani Rtals from Abdul Rasool, Rs. 3,563 (Pakistani currency) from the present applicant Abdul Ghani and nothing from the third co-accused Dilwash Muhammad. Report was lodged on 22nd November, 1982 at 9-00 a. m. Bail plea of the present applicant was rejected by the trial Court and subsequently was rejected by order of this Court dated 7th December, 1982. While rejecting the bail. plea this Court observed that the trial Court is directed to complete the proceedings of the case within two months from the date of the order and it was left open to the trial Court to, decide bail application if made. The trial Court has rejected the bail application of applicant Abdul Ghani after expiry of two months from the previous order of this Court vide order dated 5th March, 1983. The learned trial Judge has enumerated the reasons in the said order for not being able to complete the proceedings within two months as directed by this Court in the previous order. It is stated in the order of the learned Special Judge inter alia that one such reason for not making progress in the trial proceedings is determination of age of co-accused Abdul Rasool as to whether he is minor or major. According to the trial Court if Abdul Rasool is minor then his case is to be tried separately from the case of other accused persons. In this con text, the learned trial Judge has directed for determination of age by a Medical Board but a doctor from J P M C, Karachi had informed the Superintendent of Jail that co-accused Abdul Rasool be examined by Police Surgeon, Karachi, for determination of his age. It is further stated by the trial Judge in the order that a request has been made to the Secretary, Ministry of Health and Social Weltare, Government of Sind for formation of Medical Board but the report has not been received although reminder has been issued. Be that as it may, the question that now arises for consideration is whether determination of age of Abdul Rasool co-accused should come in the way of the present applicant Abdul Ghani. This may be a valid reason given by the learned trial Judge for not recording the evidence in the case as if co-accused Abdul Rasool is found to be minor, his case is to be separated. Mr. Abbasi has submitted that apart from the fact that-for some reasons evidence could not be recorded in the trial Court as directed by this Court; bail plea is urged on behalf of applicant Abdul Ghani on the ground that at the most the case against him is that only Rs. 3,563 in Pakistani Currency have been recovered from his person on search and Irani Rials have been recovered from another accused. Mrs. Salima Nasiruddin has read out mashirnama of recovery which clearly shows that only Pakistani Currency mentioned above has been recovered from the present applicant and Irani Rials mentioned above have been recovered from the person of co-accused Abdul Rasool. Nothing has been recovered from another co-accused who has been released on bail by the learned Special Judge. On this premise Mr. Abbasi has further argued that according to the applicant he was driving the vehicle in question and was coming from panjgor and gave lift to co-accused Abdul Rasool and Dilwash Muhammad and they were stopped near H. U. B. Chowki by Customs Party, and on their personal search money was recovered from them as stated above and they were taken to Coast Line Manjhar and F. I. R. was lodged with the allegation that they were apprehended at that place. It is further. stated by the learned counsel that applicant had in his possession limited amount in Pakistani Currency which he was bringing in order to have the vehicle registered in Karachi in the name of his brother-in-law. In the circumstances, when Dilwash Muhammad has already been released on bail and the case against the applicant Abdul Ghani is that Pakistani Currency was -recovered from him and additionally in view of the fact that evidence could not be recorded by the trial Court within the time stipulated by this Court in previous order, I admit the applicant to bail in the sum of Rs. 50,000 with two sureties each and P R bond in the like amount to the satisfaction of the trial Court.

Bail granted.

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