IN
THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No. 1243 of 2015
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1. For orders on M.A.No. 6976/2015.
2. For orders on office objection and
reply of Advocate as at A.
3. For orders on M.A.No. 6977/2015.
4. For hearing.
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15.09.2015
Mr.
Ghulam Nabi Shar Advocate for the applicant/accused.
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On the
request of learned counsel for the applicant/accused Muhammad Aftab Alam, this
bail before arrest application is converted to protective bail. It is
inter-alia contended that applicant/accused was granted pre-arrest bail by
learned Sessions Judge, Malir in Crime No.389/2013 registered at PS Sohrab Goth
under Section 489-F/506-B PPC with direction to appear before the concerned
Civil Judge & Judicial Magistrate, Malir. It is stated that
applicant/accused remained absent before the Trial court on 30.10.2013 and
reference was made by learned IV-Civil Judge and Judicial Magistrate, Malir to
learned Sessions Judge Malir. Thereafter, learned Sessions Judge Malir vide his
order dated 03.04.2015 ordered for issuance of NBWs and notice to surety under
section 514 Cr.P.C. It is further contended that absence of the
applicant/accused on 30.10.2013 was neither deliberate nor intentional but
applicant/accused was under the impression that case has already been disposed
of.
Without
touching the merits of the case, protective bail for a period of four days is granted to the
applicant/accused Muhammad Aftab Alam, subject to his furnishing solvent surety
in the sum of Rs.100,000/- (Rupees One Lac Only) and P.R bond in the like
amount to the satisfaction of the Nazir of this Court. In the meanwhile,
operation of the NBWs issued against the Applicant/accused is suspended.
Applicant/accused is directed to surrender before the trial court in the
aforesaid period. This order shall cease to have effect after expiry of four
days from today or when the applicant/accused surrenders before the trial court
whichever is earlier. It is made clear that in case applicant/accused failed to
surrender before the trial court within the aforesaid period, his bail bond
shall stand forfeited.
Application
is accordingly disposed of.
JUDGE