ODER
SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Cr. Misc. Appln.
No. S 924 of 2017
Date Order
with signature of Honble Judge
Priority case
1. For
orders on office objection at flag A
2. For
hearing of main case
3. For
hearing of M.A No.10128/2017 (Stay)
12.04.2019
Mr.
Abdul Wahab Shaikh Advocate
for the Applicant/Surety
Mr.
Abdul Rehman Kolachi, DPG for the State
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Irshad
Ali Shah, J; The
applicant by way of instant Criminal Miscellaneous Revision Application, has
impugned the order dated 15.08.2017 of learned Additional Sessions Judge Ubauro, whereby he has been imposed the penalty of
Rs.100,000/- for accused on account of breach of bail bond, who was facing
trial before him for an offence punishable under Section23(1)(a) of Sindh Arms
Act, 2013.
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 declaring him as karo.
Subsequently he arrested and produced before the learned trial Court and has
been acquitted of the charge vide order dated 30.03.2019. 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
Miscellaneous 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 his release on bail was attending the learned trial
Court and subsequently 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 declaring him as karo.
The accused subsequently was arrested by the police due to the efforts of the
applicant/surety and then was produced before the learned trial Court and has
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
Criminal Miscellaneous Application stands disposed of in the above terms.
Judge
ARBROHI