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Thursday November 28, 2024

Sharjeel’s plea for bail extension shot down by SHC

By Jamal Khurshid
February 25, 2017

Court observes that in view of the former minister’s conduct, further extension of his transitory bail would amount to abusing the legal process

The Sindh High Court dismissed on Friday an application filed by former provincial information minister Sharjeel Inam Memon for an extension in his anticipatory bail in a National Accountability Bureau corruption reference and inquiry.

The court observed that further extension of the transitory bail in view of the conduct displayed by the petitioner would amount to abusing the process.

The PPP leader, who is living in self-exile in Dubai after the law-enforcement agencies launched a crackdown on politicians and bureaucrats for corruption since the last couple of years, submitted that he was booked by NAB in a false corruption reference without issuing him any call up notice when he was out of the country.

Memon’s counsel, Faiz H Shah, sought an extension of the protective transitory bail in the corruption reference and NAB inquiry for the seventh time saying that his client could not surrender before the trial court because of his illness and doctors had advised him to avoid travelling.

He submitted that the petitioner was scheduled to travel to the country on February 27 and sought further extension of transitory bail in two cases so that he could surrender before the trial court for obtaining bail in the cases.

Special prosecutor Mohammad Altaf opposed the extension in bail and submitted that protection in the form of bail could not be continued for an indefinite period.

An SHC division bench headed by Justice Syed Mohammad Farooq Shah observed that the petitioner was first granted pre-arrest protective transitory bail on October 10 last year and it was extended time and again by the court till January 31.

The court observed the former minister had already been given more than sufficient latitude by repeatedly extending protective transitory bail but he had failed to fulfill the condition attached to the earlier bail order. 

The court noted that the petitioner had sought an extension in bail till February 26 which from the face of it appeared redundant given that the air ticket placed on record by the counsel showed that he was scheduled to arrive on February 27.

The court in its previous order while granting the extension of transitory bail to Memon had observed that the total surety amount of the petitioner would be forfeited if he failed to surrender before the court.  

An accountability court had already informed the court that former minister was causing delay in the proceedings against him and others in a case pertaining to an advertisement scam worth Rs.5 billion.

The presiding officer of the accountability court had sent a report before the court submitting that 13 of 17 accused had appeared before the court except Memon, Anita Baloch and Altaf Hussain Memon. 

He submitted that one suspect, Fazal Mehmood, had died while Memon and Baloch were out of country against whom proceedings under criminal procedure had been initiated.