IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl.Revision Appln.No.S-09 of 2017

Applicant               :                Muhammad Ameen Chandio

Through Mr.Habibullah Ghouri, Advocate

State                              :                  Through Mr.Raja Imtiaz Ali Solangi,  A.P.G.

Date of hearing   :                  13.08.2018          

Date of order      :                  13.08.2018

O R D E R

IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of instant criminal revision application that the applicant executed a bail bond before learned trial Court in the sum of Rupees Five Lacs for release of accused Habibullah on bail. It was forfeited by learned trial Court on account of absence of accused Habibullah allegedly without intimation. Subsequently, the applicant was imposed penalty of Rupees Five Lacs, on account of breach of bond by learned trial Court vide order dated 17.05.2013, which order the applicant has impugned before this Court by way of instant criminal revision application.  

2.                It is contended by learned counsel for the applicant that the applicant was not heard by learned trial Court before passing of impugned order against him which his against the spirit of natural justice, accused Habibullah for whom the bail bond was executed by the applicant on joining of trial was acquitted of the offence for which he was charged by learned trial Court vide order dated 22.02.2016 by way of an application u/s.265-K Cr.PC. By contending so, he sought for setting aside of the impugned order, as same according to him has been passed by learned trial Court without any lawful justification.

3.                Learned A.P.G for the State was not able to rebut the above said contentions.

4.                I have considered the above arguments and perused the record.

5.                Admittedly, the applicant was not heard by learned trial Court before passing of the impugned order, which is against the spirit of natural justice. It is settled principle of law that none is to be condemned unheard. Accused Habibullah for whom the bail bond was executed by the applicant, on joining of the trial has already acquitted by learned trial Court by way of an application under section 265-K Cr.PC. In that situation, the impugned order could not be sustained, it is set aside.

6.                The instant criminal revision application is disposed of.

-                                                                                              J U D G E