O R D E R     S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Crl. Revision A. No.S- 27      of 2012

 

Date

Order with signature of the Judge

 

1. For orders on M.A. No. 1758/2012

2. For Katcha Peshi                         

 

31.7.2012

 

Mr. Habibullah G. Ghouri, advocate for applicant.

Mr. Ameer Ahmed Narejo, State counsel.

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            Learned counsel for the applicant submits that learned 3rd Additional Sessions Judge, Dadu  has ordered the applicant to pay full amount of surety of Rs.100,000/- as he stood surety for accused Aftab Ahmed who was granted bail by the trial Court in Crime No.301/2008 registered against him at Police Station, Mehar under sections 395, 494, PPC. Learned counsel for the applicant mainly contends that no notice under section 514, Cr.P.C. was ever served upon surety. Surety was not in the knowledge about the absence of the accused from the Court. Principles of natural justice have been violated by imposing fine upon the surety without serving of notice under section 514, Cr.P.C.

            Mr. Ameer Ahmed Narejo, learned State counsel after perusal of the order dated 13.3.2012 passed by learned 3rd Additional Sessions Judge, Dadu states that it is the matter of record that actual service of the notice under section 514, Cr.P.c.  upon the surety was not made and submitted that matter may be remanded to the learned trial Court to proceed afresh in terms of Section 514, Cr.P.C.

 

            It is an admitted position that notice under section 514, Cr.P.C was not served upon surety. Therefore, apparently, principles of natural justice have been

Violated. Therefore, on this ground alone order dated 31.3.2012 passed by learned 3rd Additional Sessions Jude, Dadu is set aside. Matter is remanded to the trial Court for initiating proceedings against the surety afresh in terms of Section 514, Cr.PC.

            Criminal revision application stands disposed of accordingly.

 

 

 

                                                                                                            Judge