Ali Nawaz (Applicant) VS Mir Rehan Alam & Another (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Misc. Application No.S-72 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on M.A No.1118/20.

2.For orders on office objection.

3.For orders on M.A No.1119/20.

4.For hearing of main case.

Mr. Dilbar Khan Leghari, Advocate for applicant.

1.Urgency disposed of.

2.Overruled.

3.Exemption is granted subject to all just exceptions.

4.It is stated by learned counsel for the applicant that a criminal complainant under Illegal Dispossession Act, 2005, has been filed by one Mir Rehan Alam (respondent No.1) & others against the applicant & others being Sessions Case No.141 of 2018, in which the present applicant was shown as absconder. Per learned counsel, the said complaint has been disposed of, whereby the other co-accused have been acquitted except present applicant as according to the learned counsel, he was not appeared before the trial Court on account of his none-availability in the country. Learned counsel further submits that though the present applicant was declared proclaimed offender in the said proceedings, however, now he intends to appear before the trial Court to face the trial but on account of issuance of NBWs against him, he could not appear and apprehends his imminent arrest at the hands of police; therefore, he requests that this Criminal Misc. Application may be converted into protective bail and same may be granted to the applicant with permission to surrender before the learned trial Court to face the trial.

Mr. Shahid Ahmed Shaikh, learned D.P.G, who is present in Court in some other matters, waives notice and recorded his no objection to the above proposition.

In view of the above, this Cr. Misc. Application is converted into protective bail and without touching the merits & demerits of the case, applicant is granted protective bail for seven (07) days commencing from

today, subject to his furnishing P.R Bond in the sum of Rs.10,000/- before the Additional Registrar of this Court. Meanwhile, operation of the NBW, if any, issued by the trial Court against the applicant shall remain suspended during this intervening period. However, this order shall cease to have its effect on expiry of seven days from today i.e 20.02.2020 after court / office hours or when the applicant surrenders himself before the trial Court, whichever is earlier.

The matter stands disposed of in the above terms.

JUDGE

*Fahad Memon*