ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.D- 1082 of 2018

Date Order with Signature of Hon’ble Judge

For hearing of main case

1. For orders on office objection at flag ‘A’

2. For hearing of MA No.7161/2018

3. For hearing of main case

09.04.2019

Syed Ali Aamir Shah Advocate for the Applicant/surety

Mr. Aftab Ahmed Shar, Additional PG for the State.

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The applicant/surety by way of instant Criminal Miscellaneous Application has impugned order dated 29.08.2016 passed by learned Judge, Anti-Terrorism Court Khairpur, which reads as under;

“Since as per record the accused Muhammad Bux deliberately and intentionally misused the concession of bail and remained absent in this Court from 3.9.2015 and during his absence 3 witnesses have been examined by the prosecution, therefore, looking in to the peculiar facts and circumstances of the case applicant/surety is hereby penalized to pay ¼th of surety amount i.e Rs.50,000/- in main case bearing Crime No.53/2011 u/s 365-A PPC, 7-ATA and he further is penalized to pay ¼ th of surety amount i.e Rs.25000/- in connected/amalgamated case bearing crime No.54/2011 u/s 324 PPC, 7-ATA within (15) days, without fail.”

2. It is stated by learned counsel for the applicant that the applicant soon after the service of notice caused attendance of accused before learned trial Court and learned trial Court ought not to have penalized the applicant. By stating so, he was fair enough to submit that he would not press the disposal of instant Criminal Miscellaneous Application on merit, if the penal amount in each of the case is reduced to 1/10th of the actual bond amount. It was not objected by learned Additional PG for the State. It is ordered accordingly.

4. The instant Criminal Miscellaneous Application is disposed of accordingly.

Judge

Judge

ARBROHI