ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Misc. Appln. No. S- 101 of 2024.

Date of hearing

Order with signature of Judge

26.03.2024.

1.          For orders on M.A. No. 1216/2024.

2.         For orders on office objections.

3.         For orders on M.A. No. 1217/2024.

4.         For hearing of main case.

5.         For orders on M.A. No. 1218/2024.

Mr. Riaz Hussain A. Khoso, Advocate for applicant along with applicant.

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1.          Urgency application granted.

2.         Over-ruled.

3.         Exemption allowed subject to all just exceptions.

4&5.     Through instant application, applicant Muhammad Mour has prayed for conversion of NBW into B.W issued against him by the trial Court in Sessions Case    No. 116 of 2016 Re; Mst. Rukhsana v. Muhammad Mour and others, arisen out of Direct Complaint No. 56 of 2015 [Old No. 16 of 2015], under Section 324, 436 and 506 (2) P.P.C.

            Learned counsel submits that, Mst. Rukhsana filed a direct complaint in the Court of learned Civil Judge and Judicial Magistrate-II, Ratodero, which was brought on regular file and same has been instituted as Sessions Case No. 116 of 2016. In the first instance B.Ws were issued by the learned trial Court against the  applicant/ accused but since B.Ws  were not executed, therefore, the learned trial Court had issued NBW  against the applicant in order to secure his attendance and ultimately after issuance of proclamations the case has been kept on dormant file. Learned counsel contends that, the issuance of NBW against the applicant/ accused by the learned trial Court is very harsh action and contrary to settled principles of law. He further submits that, the purpose of issuing NBW against applicant was just to secure his attendance, however, when the applicant is ready to surrender; such purpose stands achieved. Per learned counsel, the applicant is ready to face the trial, but because of issuance of NBWs: against him, the applicant is unable to appear before the trial Court; he therefore, prays for conversion of NBW into B.W.

            Mr. Ali Anwar Kandhro learned Additional Prosecutor General present in Court in connection with some other matters waives notice of this application and concedes to its grant.

            The contentions as raised by learned counsel have force. Issuance of NBW in a complaint case is extremely harsh and it has caused serious prejudice to the interest of the applicant/ accused. The applicant is ready to face the proceedings before the trial Court in connection with a private complaint filed and pending against him, but he has been seriously handicapped in doing so, due to fear of his arrest, as the trial Court has issued non-bailable warrant of arrest against him. Moreover, the purpose behind issuance of NBW against applicant/ accused by the trial Court was to secure his attendance and when the applicant has surrendered voluntarily before this Court through instant application, and intends to join the trial by surrendering himself. In the circumstances, it will be appropriate to convert NBW into B.W.

            Accordingly, instant application is allowed. The impugned order of the trial Court is modified in the terms that the non-bailable warrant of arrest issued by the trial Court against applicant is converted into Bail-able Warrant in the sum of Rs.50,000/- (Fifty thousand rupees) with direction to applicant to furnish solvent surety of the same amount and P.R bond before learned trial Court and join further proceedings in the case within seven days.

            The application stands disposed of in above terms.

                                                       Judge

Ansari