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2006 YLR 2704

UMAR HAYAT vs MUHAMMAD ASGHAR ALI and anothers

Citation2006 YLR 2704
CourtLahore High Court
Case No.Criminals Miscellaneous Nos.5792-B and 2715-B of 2006
Date2006-07-17
Judge(s)Ijaz Ahmad Chaudhry
ResultOrder accordingly

ORDER

' IJAZ AHMAD CHAUDHRY, J.---The petitioner is a complainant of case F.I.R. No,425 registered on 19- 9-2002 under sections 295-B, 436, 452, 427, 337H(2), 148, 149, P.P.C., at Police Station Bhikhi, District Sheikhupura and through this application under section 497(5), Cr.P.C. Has sought cancellation of bail already granted to respondent No,1 Muhammad Asghar by this Court vide orders dated 13-6- 2006 passed in Criminal Misc. No,2715-B of 2006 mainly on the ground that after having been released on bail the respondents appeared before learned trial Court on some dates and then absented himself without any justification to cause delay in the trial.

2. The learned counsel for the petitioner contends that the absence of the respondent from the learned trial Court provides sufficient ground for cancellation of his bail.

3. I have heard the learned counsel for the petitioner and perused the documents attached with this petition which reveals that against the order of this Court for grant of bail to the respondent the petitioner had approached the august Supreme Court by filing Criminal Petition No,148 of 2006, which has been dismissed as withdrawn vide orders dated 23-6-2006 and the learned trial Court has been directed to conclude the trial within 4 months. A perusal of the order sheet of the learned trial Court attached with this petition shows that non-bailable warrants have already been issued against the respondent and the learned trial Court is fully competent to cause arrest of the respondent for his failure to appear in the Court and conduct other proceedings against him under section 87/88, Cr.P.C., forfeiture of the surety bonds and can separate his case under section 512, Cr.P.C. By declaring him P.O. The grievance of the petitioner has already been redressed by the learned trial Court by issuing non-bailable warrants against the respondent-accused and I do not find any need to take further action in this petition, which is disposed of accordingly.

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