ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Crl.Revision Appln.No.S-16 of 2015

 

Date

               Order with signature of Judge

 

1.     For orders on office objection “A”

2.     For orders on M.A.No.816/2015

3.     For hearing of case

4.     For orders on M.A.No.817/2015

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01.10.2018

 

Mr. Safdar Ali Ghouri, Advocate for the Applicant.

Mr. Raja Imtiaz Ali Solangi, A.P.G.

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            The applicant by way of instant Crl.Revision Application has impugned order dated 19.12.2014, passed by learned Sessions Judge, Jacobabad, whereby he has been imposed penalty of rupees Two Lacs upon the applicant on account of his failure to produce accused Nabi Dad before his Court.

            The facts in brief necessary for disposal of instant Crl.Revision Application are that accused Nabi Dad on having been involved in FIR Crime No.21/2014, u/s.302, 506/2,148,149 PPC of P.S Airport, sought for pre-arrest bail by way of filing an application       u/s.498 Cr.PC, whereby he was admitted to interim pre-arrest bail on 17.07.2014, by learned 1st Additional Sessions Judge, Jacobabad. The interim pre-arrest bail so granted to accused Nabi Dad was not confirmed. Consequently, his application for grant of pre-arrest bail to him was dismissed on 24.07.2014, by learned 1st Additional Sessions Judge, Jacobabad. Subsequently, the applicant was served with the notice dated 25.11.2014, by learned Sessions Judge, Jacobabad, calling upon the applicant to produce accused Nabi Dad, or to show cause as to why rupees Two Lacs being amount of surety bond should not be recovered from him. The applicant appeared before learned Sessions Judge, Jacobabad and consequently was imposed the penalty of rupees Two Lacs by way of order dated 19.12.2014, which the applicant has impugned before this Court.

            It is contended by learned counsel for the applicant that after dismissal of pre-arrest bail of accused Nabi Dad, the bail bond executed by the applicant was no more alive, which could have entailed imposition of penalty upon him on account of failure of accused Nabi Dad before learned Sessions Judge, Jacobabad. By contending so, he sought for setting aside of the impugned order, as according to him, accused Nabi Dad now has already been acquitted of the charge, by learned 2nd Additional Sessions Judge, Jacobabad vide judgment dated 05.01.2018.

            Learned A.P.G did not support the impugned order.

            I have considered the above arguments and perused the record.

            The bail bond was executed by the applicant on account of grant of interim pre-arrest bail to accused Nabi Dad, it was not confirmed. Consequently, the very application so filed by accused Nab Dad for grant of pre-arrest bail to him was dismissed by learned 1st Additional Sessions Judge, Jacobabad. With dismissal of such bail application of accused Nabi Dad, the bail bond so executed by the applicant dies of its natural death, it was not alive to have been forfeited. Subsequently, accused Nabi Dad joined the trial and then was acquitted by learned 2nd Additional Sessions Judge, Jacobabad. In these premises, the impugned order could not be sustained and it is set aside.

           The instant Crl.Revision.Application is disposed of in above terms.

 

                                J UDGE