Muhammad Saqib Shaikh (Applicant) VS The State (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Bail Appl: No.S-194 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on office objection.

For hearing of main case.

Mr. Shabbir Hussain Hashmi, Advocate a/w Applicant present on bail. None present for the complainant.

Mr. Shahid Ahmed Shaikh, Deputy Prosecutor General.

Learned counsel for the applicant files a statement alongwith copy of order dated 07.01.2019, passed by learned Civil Judge & Judicial Magistrate-I, Hyderabad in Criminal Case No.591 of 2018, arising out of Crime No.05 of 2018, registered at PS A- Section, Hyderabad U/S 489-F PPC and states that parties have compromised the matter. Paragraph No.4 of the said order is reproduced here under:- “It is observed that offence is compoundable, after going through the applications and hearing the parties I am of the view that parties have compromised matter and such compromise is voluntary and with free consent, as they have compromised the matter and are not interested to proceed with the case, I allow the application under Section 345(2) Cr.P.C parties are allowed to compromise for the offence under Section 489-F PPC in Crime No.05 of 2018 of PS A-Section, Hyderabad on their own terms and conditions outside the court in which both parties are responsible. In view of above circumstances, when parties have been granted permission to comprose the matter, I acquit the accused Muhammad Saqib S/o Muhammad Sabir from the charge under Section 345(6) Cr.P.C. Accused is present on bail, his bail bond stands cancelled and surety discharged”.

In the wake of this development, learned counsel for the applicant states that he does not wish to press this bail application which even otherwise has become enfructuous. Learned D.P.G does not raise any objection to the above proposition.

In view of the above, the instant bail application is dismissed as not pressed upon having become enfructuous. Resultantly, bail bond stands cancelled and surety discharged. Office is directed to return the surety documents to the surety after property verification and identification.

JUDGE

Fahad Memon