IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

        Crl.Bail Appln. No.S- 650 of 2017.

 

Date

               Order with signature of Judge

 

 

                   For orders on office objection filed by surety.

                                      -

 

 

-07-2018.

          Mr.Muhammad Naqi Ali Advocate for surety.

          Mr.Abdul Rehman Kolachi DPG.

                             -

 

          Vide order dated 27.10.2017 applicant Izhar Shabeer was admitted on pre-arrest bail in Crime No.74/2017 PS Ranipur u/s 489-F,PPC in the sum of Rs.200,000 with P.R Bond in the like amount to the satisfaction of the Additional Registrar of this Court and on Nisar Ahmed furnished required surety on behalf of applicant.

          On 8.12.2017 learned counsel for complainant place on record a case diaries which reflects that accused was not attending the trial Court but the applicant present in Court stated that on the last date of hearing he could not appear before the trial Court due to ailment of his wife and in order to submit such proof, he requested for time to produce the case diaries on the next date of hearing. On 01.01.2018 applicant and his counsel were called absent without any intimation and it was 12-10 pm.

          Learned counsel for the complainant has placed on record certified copies of case diaries dated 23.11.17, 28.11.17, 9.12.17 and 15.12.2017 which reflected that the accused was absent from the learned trial Court on various date and NBWs were issued by learned trial Court, therefore bail application was dismissed on account of non-prosecution and notice was ordered to be issued to the surety through concerned SHO. On the next date of hearing i.e. 26.2.2018 surety Nisar Ahmed appeared in Court and requested for time to file reply to the notice. At his request time was granted. On 5.4.2918 again surety was called absent and notice was again issued to him and the matter was adjourned to 20.4.2018. On 20.4.2918 again surety Nisar Ahmed appeared and sought time to submit reply to the notice and  matter was adjourned to 17.5.2918.

          On 17.5.2018 Mr.Muhammad Naqi Advocate filed Vakaltnama on behalf of surety and on his request the matter was adjourned to 4.6.2018. Again learned counsel for surety requested for time to file reply and matter was adjourned to 29.6.2018. On 29.06.2018 again time was granted to learned counsel for surety and the matter was adjourned to 9.7.2018.

          Today learned counsel for surety is present and submitted that accused Izhar Shabeer has been acquitted by the learned trial Court vide order dated 24.4.2018 and now this application has become infructuous and he has placed on record a copy of order dated 24.4.2918.

          From the perusal of order dated 24.4.2018 passed by the Court of learned Civil Judge & JM Sobhodero at Ranipur in Crl.Case No.128 of 2017 titled The State v Izhar Shabeer Mangi, it appears that applicant Izhar Shabeer Mangi was produced in custody and he was acquitted from the charge u/s 489-F, PPC in Crime No.76/2017 of Police Station Ranipur.

 

Akber.