Cr.Misc.A.No.S-210 of 2015

For Katcha Peshi

17.08.2015

Mr. Shamsuddin Kobhar along with the applicant.

Mr. Zulfiqar Ali Jatoi, Deputy Prosecutor General.

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Instant criminal miscellaneous application under Section 561-A, Cr.P.C has been filed against issuance of NBWs by the Special Judge Anti-Corruption, Sukkur, in crime No.55/1999 of police station, ACE, Ghotki vide order dated 18.04.2015.

Learned counsel for the applicant submits that the applicant was granted bail by the trial Court and was attending the Court regularly without fail but on one date of hearing i.e. 18.04.2015 the applicant could not attend the Court on account of his serious illness and was at Karachi for his medical treatment whereas the learned Special Judge, Anti-Corruption, Sukkur ordered for issuance of NBWs. Per learned counsel since the absence of the applicant was not deliberate whereas plausible reason was given for absence on one date of hearing, therefore, impugned order issued by the learned Special Judge, Anti-Corruption is liable to be set aside. It is further stated that the applicant is willing to appear before the learned trial Court and attend the proceedings on each and every date of hearing provided the impugned order may be set aside.

Learned Deputy Prosecutor General keeping in view one isolated absence of the applicant during prolonged trial before learned Special Judge does not oppose the application.

Accordingly, this criminal miscellaneous application is disposed of with directions to the applicant to appear before the learned trial Court on each and every date of hearing, whereas next date of hearing, according to learned counsel, is fixed on 02.09.2015. NBWs issued by the learned trial Court shall remain suspended.

JUDGE

N.M.