ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT
SUKKUR
Criminal Jail Appeal No. S – 90 of 2007
Date Order with Signature
of Hon’ble Judge
For
hearing of main case
22.04.2019
Syed Sardar Ali Shah, DPG for the
State
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The
appellant by way of instant Criminal Jail Appeal has impugned judgment dated 02.10.2007
passed by learned 4th Additional Sessions Judge, Mirpur
Mathelo, whereby he for an offence punishable u/s
302(b) PPC for having committed murder of Darya Khan was convicted and sentenced
to undergo imprisonment for life and to pay fine of Rs.100,000/-
to legal heirs of said deceased and in case of his failure to make payment of
fine to undergo simple imprisonment for six months more.
2. The appellant
after his release on bail has preferred to go in absconsion and as per learned
DPG for the State there is no likelihood of the arrest in near future, and in
that way, he has lost his right of audience before this Court. In such
circumstances, no alternate is left for this Court but to keep this appeal on
dormant file till arrest of the appellant and he after
his arrest may apply for resurrection of his appeal, if so is advised to him.
Order accordingly. The NBW which is operating against the appellant may
continue till it is satisfied. The reference in this context
if need be may well be placed upon the case of Ikramullah and
others vs. The State (2015 SCMR 1002)
3. The office is
directed to continue with the action against the surety of the appellant in
terms of earlier order.
Judge