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Petitioner: Abdul Khalique VS Respondent: Ld. Session Judge Jamshoro
Court Name: Sindh High Court Judge(s): Irshad Ali Shah Title: Abdul Khalique vs Ld. Session Judge Jamshoro Case No.: Cr. Rev. A. No.S- 42 of 2020 Date of Judgment:2020-11-23 Reported As: 2020 SHC 1074 Result: Application disposed off
Judgment ORDER 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 accus ed 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 .