ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Crl. Revision Appln.No.S-15 of 2023.
_________________________________________________________________
DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE
_________________________________________________________________
01. For orders on office objection “A”.
02. For hearing of main case.
07.04.2023
Mr. Ahmed Bux Abro, Advocate for applicant.
Mr. Ali Anwar Kandhro, Addl.P.G for the State.
= * = * = * = * = * =
IRSHAD ALI SHAH, J. The facts in brief necessary for disposal of instant Crl.Revision application are that the applicant executed a bail bond for release of accused Muhammad Hassan on bail, in case outcome of FIR Crime No.37/2020, U/S.395, 506/2,448,344, 452, 337-H(ii) PPC of P.S Rustam; such bail bond was forfeited by learned trial Court on account of absence of the said accused. On service of notice, the applicant produced the said accused before learned trial Court; he was taken into custody and then was acquitted, despite his acquittal the applicant was imposed penalty of Rupees One Lac by learned 3rd Additional Sessions Judge, Shikarpur, vide order dated 10.03.2022, which he has impugned before this Court by preferring the instant Crl.Revision Application.
Heard arguments and perused the record.
Admittedly, the accused for whom, the bail bond was executed by the applicant was produced by him before learned trial Court, on service of notice, with an explanation that his absence was beyond his control, on account of tribal enmity. With production of the said accused before learned trial Court, the applicant obviously discharged his liability, who subsequently was acquitted in very case. In that situation, there was hardly a justification with learned trial Court to have imposed the penalty upon the applicant on account of breach of bail bond, by way of impugned order; it is set aside.
The instant Crl.Revision application is disposed of accordingly.
JUDGE