THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.380 of 2018

Applicant                   :           Aamir

                                                through Mr. M. Rafiq Brohi, Advocate

Respondent               :           The State through Mr. Zahoor Shah, DPG along

with ASI M. Nadeem PS NKIA

Date of hearing         :           28.3.2018

Date of Order            :           28.3.2018

ORDER

Abdul Maalik Gaddi, J: Applicant/ accused seeks bail in Crime No.249/2017 registered under Section 23(1)A Sindh Arms Act at PS N.KIA, Karachi.

2. It appears from the record that applicant/ accused was granted bail by trial Court vide Order dated 23.9.2017 subject to furnishing surety in the sum of Rs.50,000/- and PR bond in the like amount. It also appears from record that on 22.01.2018, the applicant/ accused could not reach to the Court as he was arrested in some other criminal case, therefore, his bail was cancelled. Thereafter, on 14.02.2018, counsel for the applicant filed an application for condonation of absence of the accused on 22.01.2018, but the same was rejected. Hence this bail application.

3. Facts of the case need not to be reiterated here as the same have been stated in the memo of bail application.

4. I have heard the learned counsel for applicant/ accused and learned DPG and have gone through the case papers so made available before me.

5. It is an admitted fact that on merit, applicant was granted bail by the trial Court on 23.9.2017 subject to furnishing surety in the sum of Rs.50,000/- and PR bond in the like amount, but subsequently, due to non appearance of the applicant before trial Court on the next date of hearing, his bail was cancelled. It is stated by learned counsel for applicant that applicant/ accused is behind the bar without any substantial progress in the matter and the applicant has no criminal history and is yet to be determined at the time of trial, whether the applicant/ accused is involved in the crime as stated in the FIR or otherwise.

6. Learned DPG submits that applicant/ accused has no past criminal history. He has also recorded his no objection, if this bail application is allowed.

In view of the above, this bail application is allowed subject to furnishing fresh bail bond before the trial court. However, the surety already submitted by the applicant before the trial Court will remain the same.  

JUDGE

asim/pa