ORDER SHEET

 

IN THE HIGH COURT OF SINDH AT KARACHI

 

Cr. Revision Application No. 138 / 2015

 

ORDER WITH THE SIGNATURE OF THE JUDGE        

 

 

1.                                           For orders on M.A. No. 9145/2015

2.                                           For orders on M.A. No. 9146/2015

3.                                           For hearing of main case.

 

26.11.2015

                                    Mrs. Humaira Rana Nadeem, advocate for the applicant.

                                    Mr. Muhammad Iqbal Awan, A.P.G.

                                             

            The applicant is aggrieved by order dated 17.10.2015 whereby NBWs were issued against accused Muneerullah due to his abscondence and notice was issued to him being  surety of the accused in terms of Section 514, Cr.P.C. Learned counsel for the applicant states that accused is a psycho patient, therefore he could not appear before the trial Court. She concedes, however that still the reply to thesaid notice has not been furnished by the applicant in the trial Court. Learned A.P.G. who is present in Court in connection with othercases waives notice of this application and states that the accused be directed to first submit his reply alongwith all the relevant documents before the trial Court for its appreciation.

 

            After going through the impugned order and hearing the learned counsel for the parties, I agree with the suggestion of learned A.P.G. that at the first instance, the applicant should approach the trial Court and submit his reply of notice under section 514, Cr.P.C. and in case an adverse order is passed against him he can always approach this Court against that order, in accordance with law. I have also been informed by the learned counsel that after issuing NBWs referred to in the impugned order, the accused Muneerullah has again been granted bail by the trial Court. While considering the reply of the surety, the trial Court may also consider this new development as well.

 

            The Cr. Revision Application alongwith the pending application stands disposed of in the foregoing terms.

 

                                                                                      J U D G E

 

ZahidBaig