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Petitioner: SAMIUDDIN REHMANI ALIAS TINNO VS Respondent: THE STATEHonorable Justice Muhammad Aslam Arain
1994 P Cr
1994 P Cr. L J 2472
[Karachi]
Before Muhammad Aslam Arain, J
SAMIUDDIN REHMANI alias TINNO---Applicant
Versus
THE STATE---Respondent
Criminal Bail Application No.80 of 1993, decided on 9th February, 1994.
Criminal Procedure Code (V of 1898)---
----S. 497(5)---Reference for cancellation of bail---Accused after having been granted bail by High Court had furnished the required surety before the Sessions Judge, but after the transfer of the case to the Court of Special Judge did not furnish the surety there---Special Judge therefore, made a reference to High Court for cancellation of his bail for misusing the said concession---Sessions Judge, in the circumstances, was directed to send the surety documents to the Court of Special Judge who could scrutinize the same and accept them if found adequate---Reference was disposed of accordingly.
Muniruddin Alvi for Applicant.
M. Sarwar Khan, A.A.-G. on Court Notice.
Date of hearing: 9th February, 1994.
ORDER
This is a reference made by the learned Special Judge-I (S.T.A.), Karachi, in which he has pointed out that accused Samiuddin Rehmani who was granted bail by this Court had furnished the required surety before the Sessions Judge (Central), Karachi but after the transfer of the case to the Court of Special Judge-I (S.T.A.), Karachi the accused has not furnished surety. He, therefore, made a reference to consider the question of cancellation of bail granted to the accused, who seemingly misused the said concession.
I have heard Mr. Muniruddin Alvi, learned Advocate for the applicant/accused and his grievance is that the surety documents were submitted in the Court of Sessions Judge (Central), Karachi, but on transfer of the case to the Special Court, the surety documents have not been sent to the said Court, nor the same are being delivered to the surety.
In the circumstances, it is directed that the learned Sessions Judge (Central), Karachi shall send the surety documents furnished by Mst. Ishrat Rehmani through his clerk to the Court of Special Judge (S.T.A.), Karachi 8 where the case is fixed, as stated, on 14-2-1994. The learned Special Judge shall scrutinize the documents and if the same are found adequate may accept the same. The reference stands disposed of.
N.H.Q./S-1084/K Order accordingly.