ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Misc. Appln. No.S- 333 of 2018
Date Order with Signature of Hon’ble Judge
For hearing of main case
(Notice issued)
04.03.2019
Mr. Shahid
Ali K.Memon Advocate for the applicant
Mr. Abdul Rehman Kolachi, DPG for State
>>>>>>>…<<<<<<<<
The facts
in brief leading to passing of instant order are that the applicants were
facing trial before learned 3rd Civil Judge and Judicial Magistrate Gambat for allegedly committing offence punishable u/s 420,
406 and 147 PPC, they in that case were admitted to bail and were attending the
learned trial Court regularly, which they failed to attend on 16.10.2017,
without any intimation. Consequently, the notice against their surety and NBWs
against them for their arrest were issued by learned trial Court, such order of
learned trial Court is impugned by them before this Court, by way of instant
Criminal Miscellaneous Application U/s 561-A Cr.P.C,
as stated above.
2. It is contended by learned
counsel for the applicants that the applicants are prepared to join the trial,
provided the operation of NBWs which are issued against them by learned trial
Court for their arrest is suspended.
3. Learned DPG for the State
has sought for dismissal of the instant Criminal Miscellaneous Application by
contending that the applicants has an alternate remedy to exhaust by seeking pre-arrest
bail from the Court having jurisdiction, on justifiable grounds.
4. I have considered the above
arguments and perused the record.
5. Admittedly, on account of
failure of the applicants to attend the learned trial Court on the date of
hearing, the NBWs for their arrest were issued by learned trial Court, such
issuance of NBWs against them for their arrest apparently amounts to
cancellation of their bail, the operation whereof could not be suspended by
this Court by way of instant Application U/s 561-A Cr.P.C
simply for the reason that the applicants have alternate and adequate remedy to
exhaust by seeking pre-arrest bail from the Court having jurisdiction.
6. In
view of above, the instant Criminal Miscellaneous Application is dismissed.
Judge
ARBROHI