ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Crl.Rev.Appln.No.66 of 2015

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Order with signature of Judge

For Katcha Peshi

01.07.2015

Mr.Ghulam Sarwar Chandio, advocate for applicant

Mr.Zafar Ahmed Khan, APG

Mr.Habib Ahmed, Spl.Prosecutor, ANF

………

Through this Crl.Rev.Appln., the applicant has challenged the order dated 19.05.2015, passed by learned Special Court-II (CNS) Karachi, in Spl.Case No.13 of 2015.

Brief facts of the case are that accused Allah Dino was granted bail in a crime arising out of FIR No.423/2014, lodged under Section 6/9-C of Control of Narcotic Substances Act, 1997, subject to furnishing solvent surety in the sum of Rs.One lac only, with PR bond in the like amount. Being son of accused, the applicant furnished surety with regard to his land bearing Survey No.260-262, measuring 4-36 acres but surety documents were rejected for the reason that surety is residing at Landhi, Karachi but his address does not appear on his CNIC and documents produced by him are attested copy and not original documents. Therefore, the trial court was not satisfied with the surety documents which were produced before it.

It is an admitted fact that accused has already been granted bail. When we confronted to the learned counsel for applicant as to why some other solvent surety was not furnished, he replied that surety is real son of accused and this is only property owned by him which could be furnished by surety in this case and bail was granted in the month of January, 2015 but due to non-arrangement of alternate surety, accused is languishing in jail for last more than 05 months and if trial court had any doubt, surety document could have been got verified from concerned Mukhtiarkar and thereafter fate of surety should have been decided but the order of trial court does not show that whether any attempt was made by trial court for verification regarding title of surety or authentication of solvency certificates. Learned APG and Special Prosecutor, ANF, both, are of the same view that documents could have been got verified by learned trial court before accepting or rejecting surety documents.

In view of the above, this Criminal Revision Application is disposed of with the directions to learned Special Court-II (CNS) Karachi to get the surety documents verified by the concerned authority and if surety documents are found genuine after verification, same may be accepted on the same terms. Criminal Revision Application is disposed of in the above terms.

J U D G E