ORDER-SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD

Criminal Miscellaneous Application No.S-707 of 2018

Date of hearing:                  17.12.2018.

Date of order:                      17.12.2018.

Applicant:                            Nadeem Yaqoob through Mr. Noor Muhammad, Advocate.

Respondents:                       Through Ms. Sobia Bhatti, Assistant Prosecutor General, Sindh.

O R D E R

Fahim Ahmed Siddiqui, J: - Through instant criminal miscellaneous application, the applicant seeks setting aside the order dated 09.11.2017 for forfeiture of bail bonds, issuance of NBWs and notice to his surety, passed by learned Special Judge, Anti-corruption [provincial] Hyderabad, in Special Case No.192 / 2016, emanating from crime No.05 / 2016 registered at PS ACE Mirpurkhas for the offences punishable under sections 218, 161 PPC r/w/section 5[2] Prevention of Corruption Act-II of 1947.

2.                After providing full opportunity of hearing, I have considered submissions of the learned advocate appearing for the applicant, the learned Assistant Prosecutor General for the State and gone through the record of the case. From whatever said and produced before me, I have observed as under:-

(a) That on 09.11.2017, the applicant was absent before the trial Court, hence, his bail bond was forfeited and NBW was issued so also notice to his surety.  

(b) It reflects that after forfeiture of bail bond of the applicant and issuance of NBW against him, he continuously remained absent before the trial Court and approached before this Court on 30.11.2018, after lapse of more than one year of the impugned order.

(c) The learned counsel appearing for the applicant during course of arguments failed to justify such long absence of the applicant and merely prayed for setting aside the impugned order.

3.                In above circumstances, I am of the considered view that the applicant has failed to establish the case for reversal of the impugned order. It is observed that the applicant has jumped away the concession of bail, hence, he does not deserve for further concession. Accordingly, instant criminal miscellaneous application is dismissed being devoid of merits. However, the applicant is at liberty to approach the learned trial Court for his redressal and in case, the applicant approached before the trial Court, who shall decide the fate of applicant in accordance with law.

JUDGE

*Abdullah Channa/PS*

Hyderabad.

Dated: 20.12.2018