IN
THE HIGH COURT OF SINDH AT KARACHI
Criminal Appeal No.164 of 2020
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
Disposed of matter
1.
For orders on M.A. No.5862/2026
(U/A)
2.
For orders on M.A. No.5384/2026
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16.04.2026
Mr. Raj Ali Wahid Kunwar, advocate for applicant/legal heirs
Mr. Muhammad Ahmed, Assistant
Attorney General
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Instant
appeal was disposed of in terms of judgment dated 25.05.2022 whereby appeal
filed by appellant Syed Naeemuddin Ahmed was
dismissed on merits with direction to take custody of appellant and be remanded
to Central Prison, Karachi to serve out his remaining sentence awarded to him
by learned trial Court through impugned judgment.
At
the time of announcement of judgment, appellant was not present and even he was
called absent at the time of arguments. Appellant is still absconder and he did
not surrender to serve out his remaining sentence.
Appellant
was admitted on bail by this Court vide order dated 24.03.2020, subject to
furnishing solvent surety in the sum of Rs.500,000/- and P.R. bond in the like
amount to the satisfaction of the Nazir of this Court and one Syed Moinuddin Ahmed son of Syed Shafiuddin
Ahmed furnished required surety by depositing lease deed in respect of Ground+2
RCC constructed house bearing No.7/136-A, measuring 60 square yards, situated
in Liaquatabad, Karachi and he also executed surety
Bond No.82879 dated 24.03.2020.
It
has come on record that said Syed Moinuddin Ahmed son
of Syed Shafiuddin Ahmed was father of appellant, who
has since expired. Legal heirs of said Syed Moinuddin
Ahmed have moved application bearing CMA No.5384/2026 for return/exchange of
surety under Section 561-A, Cr.PC. During pendency of
said application, counsel for applicants/legal heirs of surety has filed
statement. Contents of the statement are reproduced as under:
“It is most respectfully submitted
to this Honorable Court on behalf of the above-named Applicants that since the
Appellant has absconded after being granted bail and was not present at the
time of final judgment when his appeal was dismissed,
naturally the surety amount settled at PKR 500,000/-has to be forfeited to the
state.
The gentleman who stood surety has
now expired, consequently his legal heirs i.e. the Applicants respectfully
request that this Honorable Court may allow for the property to be placed by
the Nazir for a public auction and he may fetch a price. It is respectfully
submitted that if the legal heirs are able to arrange a higher price or are able
to match the auction price, the property may be sold off by the Nazir on behalf
of the gentleman who stood surety and is now deceased.
It is then prayed that the money
recovered from the sale may be distributed to the legal heirs of the deceased
surety on verification and submission of a proper succession certificate
obtained from NADRA. A Family Registration Certificate has already been annexed
with the application whereby the surety is being sought to be returned.
It is also prayed to this Honorable
Court that the amount of PKR 500,000 that has to be forfeited to the state may
be deducted from the amount or may be deducted from the share of the absconding
appellant. Furthermore, in such a scenario, the remaining amount of the
absconding Appellant, if any, may be kept with the Nazir till such time that
the absconding Appellant decides to submit himself to this court and / or the
jail authorities to continue the remaining portion of his sentence.”
Learned
Assistant Attorney General has recorded no objection on such proposal.
In
view of above, we do not see any impediment to issue directions to the Nazir of
this Court to make arrangement for auction of the aforesaid property being
Ground+2 RCC constructed house bearing No.7/136-A, measuring 60 square yards,
situated in Liaquatabad, Karachi. Listed application
is allowed. The Nazir is directed that after proper verification of mutation of
record of rights in favour of legal heirs of deceased
Syed Moinuddin Ahmed in respect of the aforesaid
property, arrange auction of the said property in accordance with law and after
having auctioned the said property deduct the surety amount as well as
expenditure incurred on auction proceedings and distribute the remaining auction
proceeds amongst the legal heirs as per their respective shares in the said
property in accordance with law.
Listed
applications are accordingly disposed of.
J U D G E
J
U D G E
Gulsher/PS