ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Jail Appeal No.S-98 of 2016

Crl.Revision.Appln.No.S-68 of 2016

Date of hearing

Order with signature of Judge

For hearing of main case.

16.03.2023.

                   Mr. Habibullah Ghouri, Advocate for the appellant.

                    Mr.Aitbar Ali Bullo, Deputy Prosecutor General.

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1.       Heard learned counsel for the appellant, learned D.P.G for the State and perused the record.

2.       The meticulous analysis of record is entailing that the listed criminal jail appeal and revision application were filed in the year 2016 and appellant Rasheed Shaikh was enlarged on bail  in sum of Rs.100,000/- and after furnishing the required surety he was released from the jail. Moreover, after his release on bail, the appellant oftenly attended this Court and later did not pursue his case vigilantly and jumped the bail, hence the repeated process issued for procuring his attendance yielded no fruit and was subsequently reported by S.S.P Kashmore at Kandhkot to have absconded in the present case as well as FIR bearing Crime No.1442/2022 for offence U/S.496-A, 34 PPC registered at P.S Shah Latif District Malir, Karachi.

3.       Since, the appellant/accused has become fugitive from law and his whereabouts are not known to any one, therefore, I am inclined to get guidelines from case of Ikramullah and others Vs. The State (2015 SCMR-1002), wherein the Honourable Supreme Court of Pakistan has held that;

“9……A report dated 11.12.2014 has been received from the Superintendent Central Prison Bano informing that Aadil Nawab appellant has escaped from the said jail during the night between 14/15.02.2012 and he has become fugitive from law even since. The law is settled by now that a fugitive from law looses right of audience before a Court. This appeal, is therefore, dismissed on account of above mentioned conduct of the appellant with a clarification that if the appellant is recaptured by the authorities or he surrenders to custody then he may apply before this Court, seeking resurrection of this appeal.

4.       In view of above, the bail bond of appellant/accused is forfeited and order granting bail to him is hereby recalled. Resultantly, the instant criminal jail appeal is dismissed on account of above mentioned conduct of the appellant. However, it is clarified that if the appellant is re-captured by the authorities or he surrenders to custody, he may apply before this Court, seeking resurrection of his appeal till then criminal revision application filed by the complainant is ordered to be disposed of accordingly.           Let the perpetual NBWs be issued against the appellant. NADRA is directed to immediately block CNIC of the appellant.

5.       However, one Ameer Bux (surety of appellant) appeared before this Court and submitted that he stood surety for the said accused on humanitarian ground and tried his best to trace out his whereabouts but to no avail and thus prayed for taking lenient view.      The breach of bond executed by the surety is very much evident but since he stood surety for the accused on humanitarian ground, therefore, while taking lenient view, I impose penalty of half of surety-ship amount against him. Today, the surety has deposited an amount of Rs.50,000/- with the Accountant of this Court and submitted such receipt, therefore, the office is directed to return surety papers to the surety after proper verification and identification besides de-mortgaging his landed property (if any) involved in surety proceedings, through the Mukhtiarkar concerned. 

6.       Order accordingly.

           JUDGE

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