Crl. Bail Application No.824 of 2012

Date                            Order with signature of the Judge

1. For order on MA No.5408/2012 (If granted).

2. For order on Office Objection a/w reply at flag “A”.

3. For hearing.

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7th August, 2012

 

Mr. Muhammad Ishaque Memon, Advocate along with Applicant/Accused Mazhar Ali Panhwar.

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1.                     Urgency is granted.

2.                     Learned counsel submits that since NBWs have been issued against the applicant/accused, therefore, he had no alternate remedy but to approach this Court.

3.                     It is contended by the learned counsel that though the name of present applicant/accused does not appear in the FIR nor it was within the knowledge of applicant/accused that he was required in the instant crime nor the prosecution has made any attempt or effort to serve / arrest the applicant / accused and on the basis of false report got him declared absconder. The trial Court consequently has issued NBWs against the present applicant/accused and unless such NBWs are suspended applicant/accused would not be able to approach the trial Court for availing appropriate remedy. He, therefore, contends that either bail before arrest be granted or NBWs issued against the applicant/accused be suspended enabling him to approach the trial Court.

                        Without commenting on the merits of the case, we grant protective bail to the applicant/accused for a period of ten-days upon furnishing solvent surety in the sum of Rs.50,000/- with P.R. bond in the like amount to the satisfaction of the Nazir of this Court by suspending NBWs with further direction to the trial Court to decide the bail application of present applicant/accused within six-days of it being filed.

                        The application stands disposed of accordingly.   

 

JUDGE

 

 

JUDGE