IN THE HIGH COURT OF SINDH AT KARACHI
Criminal
Revision Application No.20 of 2023
|
DATE |
ORDER
WITH SIGNATURE(s) OF JUDGE(s) |
1.
For orders on M.A. No.1228/2023
(U/A)
2.
For orders on office objection a/w
reply as at “A”
3.
For orders on M.A. No.1229/2023
(Exp/A)
4.
For hearing of main case
5.
For orders on M.A. No.1230/2023
(Stay/A)
---------------------------
01.02.2023
Mr. Muhammad Dawood Narejo, advocate
for applicant
------------------------------------------------
Through
this criminal revision application, applicant accused Muhammad Azharuddin and
surety Fazal have called in question the order dated 13.01.2023, passed by
learned Additional Sessions Judge-I, Central Karachi, in Special Case
No.1694/2022, arising out of FIR No.340/2022, registered at P.S. Super Market,
for offences under Section 9(b) of the Control of Narcotic Substances Act,
1997, whereby due to absence of accused, trial Court has cancelled his bail,
surety was forfeited and NBW was issued against the accused.
Learned
advocate for the applicant/accused as well as surety at the very outset
submitted that the procedure for forfeiture of surety as provided under Section
514, Cr.PC has not been adopted by the trial Court. So far as the explanation
furnished by the applicant/accused for his absence on the relevant date viz.
13.01.2023 is concerned, it is submitted that due to traffic jam the applicant/accused
could not appear before the trial Court and he has been appearing before the
trial Court on each date of hearing.
Mr.
Abrar Ali Khichi, learned Additional Prosecutor General Sindh, present in Court
in some other cases, waives notice.
After
hearing the learned counsel for the parties, this criminal revision application
is converted to an application for protective bail and without touching the
merits of the case, protective bail is granted to applicant Muhammad Azharuddin
for a period of five (5) days from today, subject to furnishing solvent surety
in the sum of Rs.10,000/- (Rupees ten thousand) and P.R. Bond in the like
amount to the satisfaction of the Nazir of this Court, with direction to
surrender before the trial Court. Operation of the NWB issued against
applicant/accused is suspended for five (5) days. Applicant/accused has
furnished explanation that due to traffic jam he could not appear before the
trial Court. It is ordered that the explanation furnished by the accused shall
be considered by the trial Court and if it is found satisfactory, no further
action against Surety in terms of section 514, Cr.PC is required, otherwise,
trial Court shall proceed against the Surety strictly in terms of Section 514,
Cr.PC.
Protective
bail is accordingly disposed of in the above terms.
J U D G E
J
U D G E
Gulsher/PS