Waris and Others (Appellant) VS The State (Respondent)

ORDER SHEET

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

Criminal Appeal No. S – 168 of 2017 Date Order with Signature of Hon’ble Judge For hearing of case

Ms. Sobia Bhatti, A.P.G. for the State

The appellants by way of instant Criminal Appeal have impugned judgment dated 08.07.2017 passed by learned Additional Sessions Judge, Hala, whereby they for offence punishable u/s 353 PPC were convicted and sentenced to undergo Rigorous Imprisonment for two years and to pay fine of Rs.10,000/- each and in case of their failure to make payment of fine to undergo simple imprisonment for six months more.

2.On admission of the appeal, the operation of the impugned judgment was set-aside, consequently the appellants were released on bail, they have hardly turned up to pursue their appeal. Non Bailable Warrants issued against them for their arrest have been returned unserved by SHO concerned with the endorsement that they being criminal have shifted to unknown place and their arrest in near further is not possible. By such conduct, the appellants obviously have lost their right of audience. Consequently, their appeal is dismissed with direction that on arrest or otherwise they may apply for resurrection of their appeal, if so is advised to them.

3.The office is directed to continue with the surety proceedings in terms of earlier order.

Judge

Ahmed/Pa,