ORDER SHEET
IN THE HIGH COURT OF
SINDH AT KARACHI
Criminal Bail
Application No.3099 of 2025
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DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
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Disposed
of matter
For
orders on M.A. No.1419/2026 (U/A)
For
orders on M.A. No.1419/2026 (Return of Surety)
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29.01.2026
Mr.
Javaid Ahmed Rajput, advocate for applicant
Mr.
Muhammad Mohsin Mangi,
A.P.G.
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Along with urgent application,
application for return of surety has been moved by the applicant/surety. It
appears that applicant/accused Muhammad Adnan Khan was admitted to interim
pre-arrest bail by this Court vide order dated 10.11.2025, subject to
furnishing solvent surety in the sum of Rs.50,000/- each and P.R. bond in the
like amount to the satisfaction of the Nazir of this Court. As per Nazir’s endorsement one Fayyaz
son of Niaz Ahmed furnished surety by way of depositing
cash amount of Rs.50,000/-.
Learned counsel for applicant/surety
submits that on account of absence of applicant/accused interim bail granted to
him was recalled vide order dated 31.12.2026. Thereafter, the applicant filed
fresh Criminal Bail Application No.37 of 2026 and vide order dated 07.01.2026
he was admitted to interim pre-arrest bail, subject to furnishing solvent
surety in the sumo of Rs.30,000/-, in compliance
whereof fresh surety was furnished before the Nazir of this Court, hence the
surety furnished in the instant criminal bail application is no more required. Copy
of order dated 07.01.2026 passed in Cr. B. A. No.37 of 2026 has been placed on
record. Learned A.P.G. after having gone through the case file has recorded no
objection for return of surety to the applicant/surety in the instant case.
Since the interim bail granted to
applicant/accused was recalled vide order dated 31.12.2026. However,
inadvertently the matter was adjourned but it is settled position of law that
once interim pre-arrest granted is recalled then automatically pre-arrest bail
application is treated as dismissed.
In view of above, surety furnished
by the applicant/surety is no more required. Application for return of surety is
allowed. Office is directed to return the surety to the applicant/surety upon
proper verification and identification, as per rules.
J U D G E
Gulsher/PS