ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 1222 of 2017

 

Date                         Oder with Signature of Hon’ble Judge

 

For hearing of main case

01.04.2019

Mr. Muhammad Nawaz Kazi, Advocate for the Applicant

Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah, J;-  The applicant by way of instant Criminal Miscellaneous Application has impugned order dated 02.5.2017 which is passed by learned 5th Additional Sessions Judge, Sukkur, which reads as under;

“From perusal of S.C. No.232 of 2006 Re: State Vs. Sahib Dino and others, it appears that surety Allah Dino S/o Fareed Kharose was stood surety for the accused Sahib Dino S/o Daim but during pendency of this case the accused said accused was jumped out, therefore, NBWs were issued against the accused and also issued to the surety but as per report and statements of two persons of the locality showed that the surety has been expired away and in this respect the statement of process server was recorded. The death certificate issued by the NADRA also come on record from which it shows that the said surety has been died, I, therefore, order to issue the notice to the legal heirs of the surety in respect of depositing fine/penalty amount within 15 days after issuing the order. In case of failure the writ of attachment for auctioning the property in question viz. S.NO.255 area 01-00 acre as mentioned in the affidavit furnished by the surety on 11.11.2006 be issued for recovery of the penalty amount in question.”

2.                    It is contended by learned counsel for the applicant that the applicant has not been heard by learned trial Court before passing of the impugned order, which is against the spirit of natural justice. By contending so, he sought for setting aside of the impugned order.

3.                    Learned DPG for the State when confronted with the above position, was fair enough to consent for remand of the matter to learned trial Court for passing afresh order after providing chance of hearing to the applicant and others.

4.                    In view of above, the impugned order is set aside with direction to learned trial Court to pass the same afresh after providing chance of hearing to the applicant and others.

5.                    The instant Criminal Miscellaneous Application is disposed of in the above terms.

 

Judge

 

 

ARBROHI