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

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                        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