ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. No.S- 296 of 2020

Date Order with Signature of Hon’ble Judge

Fresh case

1. For orders on MA No.2829/2020 (U/A)

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

3. For orders on MA No.2830/2020 (Ex.A)

4. For hearing of main case

29.06.2020

Mr. Shamsuddin N.Kobhar Advocate for the Applicant

Mr. Abdul Rehman Kolachi, DPG for the State

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Irshad Ali Shah, J; The applicants by way of instant Criminal Miscellaneous Application have impugned order dated 29.05.2020 passed by learned Additional Sessions Judge, Pano Akil, whereby their application for condoning their absence was dismissed consequently NBWs against them for their arrest and notice against their surety was issued.

2. It is contended by learned counsel for the applicants that the absence of the applicants before learned trial Court on the fateful day was not willful but beyond their control and they are ready and prepared to appear before learned trial Court explaining the reason of their absence, if the impugned order is set-aside.

3. Learned DPG for the State being available in Court, waived the notice of the instant Criminal Miscellaneous Application and has recorded no objection to proposal which is advanced by learned counsel for the applicants.

4. I have considered the above arguments and perused the record.

5. The applicants admittedly were enjoying the concession of bail, their absence before learned trial Court on the fateful date as per them was on account of lockdown, in that situation issuance of NBWs against them without recalling the bail order or without assigning the reasons for forfeiture of their bail bond was apparently harsh, it is set-aside with direction to the applicants to join the trial within ten days hereinafter.

6. The instant Criminal Miscellaneous Application is disposed of accordingly along with listed application.

Judge

ARBROHI