ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 545 of 2022.

Date of hearing

Order with signature of Judge

26.01.2023.

For Directions.

            Applicant/ surety Ali Bux Mugheri present in person.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

~~~~~~~

Zulfiqar Ali Sangi, J:    The captioned bail application was dismissed for non-prosecution vide Order dated 05.12.2022 and it is pending for surety proceedings and pursuant to notice issued to applicant/ surety in terms of Section 514 Cr.P.C, he has filed his reply, which is taken on record.

            The record reflects that accused Ali Dost Mugheri was granted interim pre arrest bail by this Court vide order dated 14.11.2022 in the sum of Rs.100,000/-. The applicant executed such surety bond before this Court for producing the above-named accused on each and every date of hearing. The matter was adjourned for confirmation or otherwise on 28.11.2022 and on such date the accused did not appear; his counsel sought condonation of his absence; however again on 05.12.2022 accused remained absent, as such the bail application was dismissed for non-prosecution and notice under Section 514 Cr.P.C was issued to surety of accused.

            In his reply, the surety has stated that since accused was booked in another criminal case i.e. F.I.R No.94/2022 of P.S Waggan and on 03.12.2022 he was arrested by the police but his arrest was shown on record on 14.10.2022, and presently he is behind the Bars. The applicant/ surety has placed on record photocopy of F.I.R No.94/2022 of P.S Wagan and challan sheet. He has further mentioned that he stood surety for accused on humanitarian grounds and absence of accused was not willful or deliberate. He further submitted that, he is very poor person, as such he prays for vacating the notice by taking lenient view.

            Learned D.P.G. appearing for the State in view of above position also prays for leniency.

            The contention of the applicant/ surety is borne out from the record. Accordingly, in view of submissions made by applicant/ surety and no objection extended by the learned D.P.G., the notice issued to surety under Section 514 Cr.P.C is hereby vacated.

                                                       Judge

Ansari