ORDER SHEET

IN THE HIGH COURT OF SINDH,

  CIRCUIT COURT, HYDERABAD.

Cr. B.A. No.S-368 of 2009.

DATE                        ORDER WITH SIGNATURE OF JUDGE

For hearing of M.A. No.6207 of 2015.

21.10.2015.

          Mr. Munawar Ali Shah, Advocate for the surety.

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          This is an application for return of surety documents/amount submitted by Kamran Baig S/o Naseer Baig.

          It appears that in Cr. B.A. No.S-368/2009, interim pre-arrest bail was granted to applicant/accused Muhammad Nadeem alias Rana Nadeem alias Nadoo by this Court vide order dated 17.06.2009 in the sum of Rs.1,50,000/- and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court. Thereafter, Kamran Baig S/o Mirza Nasir Baig furnished the surety on 18.06.2009, as per endorsement of the Additional Registrar. Thereafter, interim pre-arrest bail was confirmed by this Court vide order dated 19.10.2009. Applicant/accused failed to surrender before the learned trial Court (IInd Additional Sessions Judge, Hyderabad), for facing the trial. Thereafter, learned IInd Additional Sessions Judge, Hyderabad made a reference and requested to this Court for sending him surety papers alongwith the permission for initiating necessary action against the accused and surety according to law. This Court vide order dated 26.02.2014, directed the office to transmit the relevant surety papers alongwith P.R. Bonds to the leaned trial Court for proceeding against the accused and surety in accordance with law and reference of the trial Court was disposed of.

          Learned counsel for the surety has produced certified copy of the order passed by learned IInd Additional Sessions Judge, Hyderabad in Sessions Case No.442/2009 dated 29.07.2015, which is reproduced as under:-

“Surety proceedings are called. Surety namely Muhammad Kamran is present alongwith advocate. Heard and order passed that the present surety executed bond for accused Nadem @ Nido for the sum of Rs.150,000/- as such no linnet view can be taken, hence surety is imposed full amount viz. Rs:150,000/- of forfeiture bond, which is directed to deposit before this court within one month. The liability of surety stands discharged after deposit of amount.”

          Alongwith the copy of the above referred order, learned counsel for the surety has also submitted copy of receipt, which shows that surety Kamran has deposited fine of Rs.1,50,000/- with the Nazir, District Court, Hyderabad.

          Additional Registrar of this Court in his report has submitted that as per order dated 17.06.2009, applicant Muhmmad Nadeem was granted interim pre-arrest bail in Crime No.29/2009 of P.S. Fort Hyderabad, U/S 302, 34 PPC in the sum of Rs.150,000/- and one Kamran Baig stood surety by depositing one Special Saving Certificate of Rs.100,000/-, one prize bond valuing Rs.40,000/-, one prize bond valuing Rs.7500/- and two prize bonds of Rs.1500/- each.

          Learned D.P.G. has recorded no objection.

          Accordingly, application for return of surety amount is allowed. Additional Registrar of this Court is directed to return the special saving certificate and prize bonds of Rs.150,000/- to the surety after proper verification and identification as per rules, subject to verification of receipt issued by Nazir of District Court Hyderabad dated 30.07.2015 in the aforesaid crime.

          Application stands disposed of.

                                                                                           JUDGE

S