IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No.D-42 of 2023

[ Present:

Mr. JusticeYousuf Ali Sayeed,J

Mr. Justice Zulfiqar Ali Sangi,J.

Applicant: Abdul Latif Arain, through Mr. Deedar Ali M. Chohan, Advocate.

Date of hearing: 22.11.2023

Date of decision: 22.11.2023

O R D E R

Zulfiqar Ali Sangi, J: Through this application, the applicantnamed above seeks suspension of warrants issued by the Banking Court-1 Division Sukkur in Execution Application No. 53 of 2012. The case applicant is that ABL Mirpur Mathelo filed a Suit No. 31 of 2011 before the aforesaid Court and the same was decreed in favour of the bank and the execution application was filed wherein NBWs were issued against the applicant. The applicant wants to surrender before the banking court however apprehends his arrest in compliance of the NBWs. Under the circumstances we observed that the suit was filed in the years 2011 and was decreed vide judgment dated: 16-06-2012. The execution application was filed in the year 2012 and applicant had not appeared for a period above 10 years though the NBWs were issued and lastly were issued on 16-10-2023. Counsel for the applicant not furnished any explanation as to why he remained fugitive from the proceedings for a long period. Even the applicant has not availed the remedy available to him u/s 75 (2) Cr.P.C, which provides that the warrant shall remain in force until cancelled by the Court which issued it, or until it is executed. Keeping in view of the above circumstances the application in hand is dismissed in limini. However the applicant is at liberty to avail remedy provided to him under section 75 (2) Cr.P.C before the banking court.

The application is disposed of as above.

JUDGE

JUDGE

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