The Islamabad High Court (IHC) has granted bail to PTI Founder Imran Khan in Toshakhana 2 case.
Justice Miangul Hassan Aurangzeb granted bail to Imran Khan. Defence lawyer Salman Safdar said that the statement read out was recorded by the NAB investigation officer, adding that now the matter had gone to the FIA.
The FIA prosecutor said statements under Section 164 are recorded before a magistrate. Justice Aurangzeb said that after the law changed, the case went from the NAB to FIA. "What action was taken against the three Customs officers who calculated the wrong price?" asked the court.
The FIA prosecutor said Customs officers committed negligence, but it did not constitute criminal misconduct. "The NAB did not recommend any departmental action against those officers," he added.
"Let's just say that they are very good people," Justice Aurangzeb remarked, eliciting laughter in the courtroom.
The court directed Imran Khan to submit bonds of Rs1 million each and also appear in trial court after being released on bail. "If the accused does not cooperate with the court during trial, the bail order may be withdrawn," the court declared.
However, there's still an obstacle in the release of the PTI founder from Adiala Jail, as his bail bonds in five cases of May 9 have not been submitted. Imran Khan's bail bonds in seven other cases of May 9 had been submitted previously.
Earlier, the court resumed hearing on the bail application of PTI’s founder in the Toshakhana-2 case, with Justice Mian Gul Hasan Aurangzeb presiding over the proceedings.
FIA Prosecutor Zulfiqar Abbas Naqvi and Barrister Salman Safdar, the defense lawyer, presented their arguments during the hearing.
Justice Mian Gul Hasan Aurangzeb instructed the FIA prosecutor to refrain from media commentary, stating, "Leave the media alone and exempt yourself from them." The remark came after the prosecutor claimed that media outlets had already reported that the bail would be granted.
The court also questioned details regarding the receipts involved in the case, specifically whether they were issued in the name of Bushra Bibi or the PTI founder. Barrister Salman Safdar clarified that the receipts mentioned in the challan bore Bushra Bibi’s name.
Written order
In its written order on the approval of bail, Justice Aurangzeb wrote that the PTI founder had been issued bail against a bond of Rs1 million and two witnesses. In his one-page order, the judge said that the applicant will not take improper advantage of the bail and be present at every hearing in the trial court until he is granted immunity.
The court warned that if the petitioner takes unfair advantage, the prosecution can apply for bail withdrawal. "The reasons for granting bail to the accused will be given in the detailed decision," the order stated.
Defence arguments
The defense raised concerns over a 3.5-year delay in registering the case. The prosecution has made Sohaib Abbasi a sworn witness and Inamullah Shah a key witness without taking an oath.
Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.
He argued that the Kohsar Police Station has also registered a case regarding a fake Toshakhana receipt.
Prosecution’s position
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, "If the media does not spread sensationalism, how will they conduct their business?" He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.
Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majoka would soon announce his verdict.
On October 24, Imran Khan's wife, Bushra Bibi, a co-accused in the case, was released from Adiala Jail, following the IHC's order to grant her bail in the Toshakhana 2 case. The release was secured after the submission of bail bonds worth Rs1 million by her guarantor, Malik Tariq Mehmood Noon.
The Islamabad Accountability Court, led by Special Judge Central Shahrukh Arjumand, signed Bushra Bibi's release order. Her legal team, including Barrister Gohar Ali Khan, confirmed that she had left the jail for Bani Gala, accompanied by her security detail.
In a brief statement to the media, Gohar expressed optimism that Bushra Bibi would not face further arrests. "There is no need to arrest Bushra Bibi in any case," he stated.
