' This Criminal Revision under section 439/561-A, Cr.P.C. Has been filed against the order, dated 24- 2-1999 passed by the learned VIIth Additional Sessions Judge, Karachi East, whereby he has refused to accept applicant Jalaluddin as surety for the accused Nazeer Ahmed who is involved in an offence under section 17(3) (Ordinance VI of 1979) being Sessions Case No,262 of 1997 on the ground that the applicant belongs to a village in District Jacobabad and that in case of absconsion of accused it would be very difficult to serve notice on the applicant and compel him to produce the accused.
2. Learned counsel for the applicant contends that this is not a legally tenable ground to stop the applicant from acting as surety. He has relied upon the case of Moharram Buledi v. The State, reported in 1992 Cr.LJ 916 and an unreported decision in Criminal Xevision Application No,54 of 1996, Re: Habibullah v. The State, which is also a decision of this Court on the same point.
3. Mr. Arshad Lodhi, learned A.A.-G. Appearing for the State has agreed with the contention raised on behalf of the applicant in view of the case-law.
4. A surety cannot be disqualified to act as such merely on the ground that he resides at a place far off from the place where the trial is being held. The most important thing the Trial Court would be concerned about, is whether the person who offers himself a surety is solvent. Reference may be made to another decision of this Court reported as . 1992 PCr.LJ 2083. The learned Trial Court needed only to verify from the concerned quarters whether the applicant/surety had produced genuine proof of his solvency in the sum asked for in the bail granting order.
5. The impugned order, dated 24-2-1999 which has been passed in Sessions Case No,262 of 1997 is, therefore, set aside and the revision application is allowed with a direction that the learned Trial Court shall accept the applicant as surety only after being satisfied in respect of his solvency and genuineness of the documents produced by him in support of such proof.