Abdul Khalique (Applicant) VS Ld. Session Judge Jamshoro (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD.

Cr. Rev. A. No.S- 42 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on MA-8308/2020 For orders on MA-8048/2020

Mr. Mushtaque Ali Tagar, Advocate for applicant. Ms. Rameshan Oad, A.P.G for the State.

1.Urgency granted.

2.Having become infructuous is dismissed.

The applicant by way of instant Revision Application has impugned an order dated 16.01.2019 passed by learned Sessions Judge, Jamshoro whereby he has imposed 50 percent penalty of actual bond which he executed for release of accused Riaz Ahmed on bail.

It is contended by learned counsel for the applicant that the accused was produced by the applicant before learned trial Court and he after due trial was acquitted therefore, there was hardly a need for learned trial Court to have imposed the penalty upon the applicant on account of breach of bail bond. By contending so, he sought for setting aside of the impugned order.

Learned A.P.G for the State was fair enough to admit that on production of accused by the applicant the accused has been acquitted by learned trial Court.

I have considered the above arguments and perused the record.

It is apparent of the record that the accused was produced by the applicant and subsequently after due trial he has been acquitted for the offence for which he was charged.

In that situation, the imposition of penalty upon the applicant being surety of the accused by way of impugned order could hardly be justified. Consequently, the impugned order is set- aside.

The instant Criminal Revision Application is disposed of accordingly.

JUDGE

Ahmed/Pa