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2006 P Cr. L J 1009

Mst. RUKHSANA vs THE STATE

Citation2006 P Cr. L J 1009
CourtSindh High Court
Case No.Criminal Bail Application No,S-555, M.As. Nos.1228 and 1229 of 2004
Date2004-09-06
Judge(s)Ata-ur-Rehman
ResultBail granted

ORDER

1. ' ATA-UR-REHMAN, J.--- 1. Granted.

2. Granted subject to all just exceptions.

2. ' This application for bail before arrest has been filed by applicant Mst. Rukhsana daughter of Abdullah who is involved in Crime No,7 of 2002 under section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance, 1979.

3. ' The applicant was granted bail after arrest by the trial Court sometime in July, 2002. She kept on attending the trial Court till 10-11-2003. However, on 17-11-2003 she was called absent and N.B.Ws.

4. Were issued against her and also notice to her surety. Thereafter on 20-4-2004 she surrendered herself before the Court of Session Dadu with Criminal Bail Application No,788 of 2004 which was transferred to the 1st Additional Sessions Judge, Dadu where her application was dismissed. Hence the present application.

5. ' Heard learned counsel for the applicant as well as learned A.A.-G. And perused the record.

6. ' Learned counsel for the applicant submitted that the applicant is resident of Larkana whereas the case is proceeding at Kotri. He further submitted that the applicant fallen sick and had no mode to intimate the Court to that effect. He further submitted that the surety submitted by her earlier has already been forfeited by the trial Court. He also added that the present applicant has already been punished enough and is ready and willing to furnish fresh surety in the enhanced amount and undertakes not to remain absent from the trial Court in future.

7. ' Looking into the facts and circumstances of the case and more particularly to the fact that the applicant was granted bail by the trial Court on merits, however, she remained absent on account of her illness as stated by her in the application. Her earlier surety has already been forfeited and the ends of justice will meet if she is allowed bail on her furnishing fresh surety in the sum of Rs,2,00,000 (Rupees two lacs) and P.R. Bond in the like amount to the satisfaction of the trial Court.

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