ODER
SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Cr. Revision Appln. No. S – 82 of 2012
Date Order
with signature of Hon’ble Judge
Priority case
1. For
hearing of main case
2. For
hearing of M.A No.6636/2016 (S/A)
28.01.2019
Mr. Achar Khan Gabole Advocate for
the Applicant/Surety
Syed Sardar Ali Shah, DPG for the State
>>>>>>>…<<<<<<<
Irshad
Ali Shah, J; The
applicant by way of instant Criminal Revision Application, has impugned the
order dated 19.11.2012 of learned 2nd Additional Sessions Judge Ghotki, whereby he has been imposed the penalty of
Rs.100,000/- each for five accused on account of breach of bail bond, who were
facing trial before him for an offence punishable under Section 3 and 4 of the Illegal Dispossession Act,
2005.
2. It
is contended by learned counsel for the applicant/surety that the absence of
the accused for which the surety bond executed by the applicant was not willful
but on account of tribal dispute. Subsequently they surrendered before the learned
trial Court and have been acquitted of the charge vide order dated 14.12.2011.
By contending so, he sought for setting aside of the impugned order as
according to him the bail bond was executed by the applicant in favour of the accused on humanitarian ground and not for
any monetary gains.
3. Learned
DPG for the State has sought for dismissal of the instant criminal Revision
Application by stating that the breach of bond is evident.
4. I
have heard the learned counsel for the applicant and learned DPG for the State
and perused the record.
5. No
doubt, the accused after their release on bail abscond away but there could be
no denial of the fact that such absconsion on the
part of the accused was not willful but on account of tribal dispute. The accused
subsequently surrendered before the learned trial Court and have been acquitted
of the charge. In that situation, it would be unjustified to maintain the impugned
order of penalty upon the applicant. It is set‑aside.
6. Instant
Cr. Revision Application stands disposed of in the above terms.
Judge
ARBROHI