1. ' AZIZULLAH M. MEMON, J.---This Criminal Revision Application has been filed by applicant surety Mst. Maqsooda Mai, against the order, dated 6th June, 2006, passed by VI Additional Sessions Judge, Karachi South in Sessions Case No,155 of 1999, whereby the application of the surety, wherein she had made a prayer to discharge her as surety for an accused Bakhat Ali of the said case, stands dismissed. The Surety/applicant has also filed a certified copy of the diary sheet maintained by the trial Court pertaining to the case in question and the diary 10th May, 2006 (on which date the application was moved by the surety/applicant to discharge her as surety of the accused), which shows that the accused of the case, namely, Bakht Ali, was present on bail but the learned trial Judge did not deem it fit to remand the said accused to custody for the purpose of allowing the above said prayer of the surety/applicant and, ultimately, preferred to pass the impugned order to the effect that "It is pertinent to point out that on 10th August, 2006, the said accused disappeared after marking his presence in the morning."
2. ' It is a settled principle of law that as and when a surety makes an application before the trial Court to discharge him/her as surety for the accused in the case, and the accused having appeared before it on such date, his/her prayer to that effect is necessarily to be allowed and the surety cannot be dragged any further or asked to continue to act as surety for such an accused against his/her wishes.
3. ' In the present case, the applicant/surety, having already discharged her duties as cast on her, cannot be saddled with any penalty in case the accused absconded away.
4. ' Under the circumstances, this Criminal Rev Application is hereby allowed and the impugned order, dated 6th October, 2006 is hereby set aside , resultantly, the application of the surety stands allowed and she stands discharged as surety of the accused of the case and the surety documents/security amount, which may have been deposited by her, shall be returned back to her on proper receipt by the trial Court.