Notice issued to the respondent as well as; to the surety who furnished bail before the trial Court has not been served and returned as unnerved with the report that the respondent has not been found available at the given address. Surety, banded the respondent not only to appear before the trial Court but also was liable to make appearance before any Court when so directed. The respondent has jumped his bail and has avoided the process of the Court and law, therefore, surety furnished by the respondent is forfeited. As the matter is pending in the Special Court No, 1 (C.N.S.). Karachi therefore, the Presiding Officer of the said Court is directed to further proceed under section 514, Cr.P.C. Against surety of the respondent by issuing him show-cause notice as to why the forfeited amount of the surety be not recovered from him.
2. We have been informed by the learned Special Prosecutor-General, A.N.F. That this case is pending trial sine June, 2006 before the said Court, but trial could not be concluded for one reason or the other reason. Call for explanation of the Presiding Officer of the said Court as to why unnecessary and inordinate delay in the conclusion of the trial has taken place and the delay with reference to the case diaries be explained and further the Presiding Officer to explain as to why expeditiously the case was not proceeded with and decided. He is arso required to submit complete list of the cases pending in his Court and about the progress made in these cases so far through Registrar of this Court for our perusal in Chambers, so that appropriate action, if need be could be taken in such matters.
3. Heard the learned Special Prosecutor-General, A.N.F. The impugned order and the documents available on record perused. For the reasons to be recorded, this Criminal Petition is converted into appeal and is allowed. The impugned order is set aside.
Bail cancelled.