Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: WARD SHAMSUL HASAN VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Salman Ansari Title: WARD SHAMSUL HASAN vs THE STATE Case No.: Criminal Bail Application No,2166 of 1996 and M.A. No,239 of 2009 Date of Judgment:2009-02-25 Reported As: 2009 YLR 1247 Result: Application allowed
Judgment ORDER ' SALMAN ANSARI, J.--- This application for release of surety under section 561-A Cr.P.C. And direction to the Nazir to return the surety amount to the applicant/ surety. Affidavit of this application has been accompanied by the Surety S. Sirajul Hasan Zahid by a statement dated 10th May, 2008 that Federal Government of Pakistan had informed the Chairman NAB that the Federal Government has decided to withdraw the above case and accordingly NAB Headquarters, Islamabad by their letter dated 6th May, 2008 has forwarded such letter to Regional NAB Sindh and the Special Prosecutor submitted the statement before the Special Judge (Central) Karachi in Cr.Case No,91 of 1996 for permission to withdraw from the prosecution as required under section 494 Cr.P.C. By order dated 10th May, 2008 was allowed " Prayer for withdrawal from the prosecution made in B the statement is allowed . Consequently the accused stands discharged under section 494(A) Cr. P. C . " ' Learned counsel has argued that though by order dated 19-12-2007 the bail order had been recalled due to abscondence of Wajid Shamsul Hasan, but no notice has been sent to the Surety as was directed by the High Court, hence the Surety has not received any notice, therefore, could not be penalized and should be discharged accordingly. ' Learned Standing Counsel has conceded to contentions raised by the learned counsel for the applicant/surety. ' Under the circumstances, though the bail order was recalled by the High Court, notice was yet to be issued to the Surety and no penalty was imposed. In my opinion where the prosecution against the accused himself has been withdrawn, therefore, could not be penalized the surety. I, therefore, allow this application and direct the Nazir of this court to release the same of Rs,100,000 deposited
---
## Page 2
by the surety S. Sirajul Hassan Zaidi, learned counsel points out that in fact the correct name of the surety is S. Sirajul Hassan Zahid. The Nazir to verify the correct name and do the needful. Accordingly this C application is disposed of.