ORDER SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl:
Revision Application No.D- 52 of 2015.
DATE ORDER
WITH SIGNATURE OF HON’BLE JUDGE
1- For
orders on M.A.No.2271/2015 (Ex.Appln)
2- For
Katcha Peshi.
3- For
orders on M.A.No.2272/2015
4- For
orders on M.A.No.2273/2015 (Stay Appln)
20th. August, 2015.
Mr.
Waheed Ali Samtio, Advocate
for Applicant/Surety.
Through instant criminal
revision application filed U/s 435& 439, Cr.P.C,
the applicant has assailed order dated 26.9.2011 passed by learned Judge,
Anti-Terrorism Court, Khairpur Mir’s in Special Case
No. 16/2009 registered under Sections 324, 353, 436, 427, 147, 148, 149 P.P.C
R/w Section 7
Anti-Terrorism Act, 1997, Crime No.08/2009 at police station, Ahmedpur, District
Khairpur Mir’s, whereby application filed by the
applicant, who stood surety for his son namely Mubeen
@ Meenu, has been dismissed.
Learned Counsel for
applicant submits that sufficient reason was shown by the applicant/surety for
not producing the accused Mubeen @ Meenu in Court, which has not been considered by the
learned Judge, Anti-Terrorism Court, who has directed the applicant to deposit
the surety amount within seven days. Per
learned Counsel, if sufficient time would have been allowed to the
applicant/surety, he would have made efforts to produce accused in Court who
was missing at that time and was not traceable to the applicant.
It
appears that applicant stood surety of accused namely Mubeen
@ Meenu in the above crime, being his father, however
the accused after grant of bail
did not appear before the trial Court, whereafter,
notices were issued to applicant/surety who took stance that accused who is infact his son, has become untraceable.
Instant revision has
been filed against the above order after a lapse of about four years, whereas,
no explanation whatsoever for such delay has been offered by the learned Counsel
for the applicant. Moreover, the explanation offered by applicant/surety before
the Judge, Anti-Terrorism Court, Khairpur
was also not satisfactory whereas, we do not find any error or illegality in
the impugned order, nor there is any substance in the instant criminal revision
application, which is otherwise misconceived in facts and laws. Accordingly, instant criminal revision
application is dismissed in limine along with listed
applications. However, the applicant may seek the remedy for reduction of
surety amount if the law or facts of the case so permit.
JUDGE
JUDGE
A.R.BROHI