ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl.Appeal No.S-117 of 2011.

Date of hearing

Order with signature of Judge

For surety proceedings.

30.01.2023.

Surety Manzoor Ali Chandio in person.

Mr. Aitbar Ali Bullo, D.P.G for the State

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                    In response to service of notice issued in terms of Section 514 Cr.PC, the above named surety put his appearance before this Court and submitted that he had stood surety for accused Ismail Depar on humanitarian ground and not for any monitory gain and that he tried his best to search accused Ismail Depar but could not trace out his whereabouts on the ground that the said accused is reported by dwellers of his vicinity to have shifted away to some unknown place. He further added that he is ready to pay half of surety-ship amount and thus prayed for vacating the notice and taking lenient view.

                   The learned D.P.G for the State opposed the above proposition but conceded the request of surety for taking lenient view against him.

                   Heard surety in person, learned D.P.G for the State and perused the record.

                   The careful perusal of record reveals that accused Ismail Depar after grant of bail in the captioned appeal jumped the proceedings of his appeal and then absconded away, the warrants issued against him bore no fruit, resultantly, the appeal filed by him was dismissed on account of his above conduct with clarification that if he is re-captured by the authorities or he surrenders to custody then he may apply before this Court seeking resurrection of his appeal. Today, the surety appeared and submitted that he tried his best to trace out the whereabouts of accused but to no avail and thus prayed for vacating the notice and taking lenient view.

                   The breach of bond executed by the surety is very much evident but since he stood surety for the accused on humanitarian ground, therefore, while taking lenient view, I deem it appropriate to impose penalty of half of surety-ship amount against him. Today, the surety has deposited an amount of Rs.100,000/- with the Accountant of this Court and submitted such receipt, therefore, the office is directed to return surety papers to the surety after proper verification and identification besides de-mortgaging his landed property involved in surety proceedings, through the Mukhtiarkar concerned. 

                   The instant matter is disposed of accordingly.

        JUDGE