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1999 P Cr. L J 248

MUHAMMAD ASHIQUE vs THE STATE

Citation1999 P Cr. L J 248
CourtSindh High Court
Case No.Criminal Bail Application No,90 of 1998
Date1998-04-23
Judge(s)Abdul Ghani Sheikh
ResultBail granted

ORDER

1. ' By this application Mr. Abdul Rasool Abbasi has prayed for bail to applicant Muhammad Ashique facing trial before the Court of Additional Sessions Judge, Mehar. The applicant was granted bail on merits but his bail was cancelled on 13-6-1997 on account of his absence on the date of hearing without any intimation and he remained absent till 17-3-1998 on which date he was remanded to custody on his appearance before the Court.

2. ' The learned counsel has argued that the applicant had gone to Saudi Arabia, therefore, could not send any intimation and further that he has remained in custody for more than one month and thus sufficiently punished and therefore the applicant may be granted bail.

3. ' Mr. Mian Khan Malik learned Additional Advocate-General appearing for the State does not oppose the grant of bail.

4. I have considered the arguments of the learned counsel appearing for the parties. In fact, I am not inclined with the reason assigned by the applicant for his nonappearance as his going to Saudi Arabia is no ground for grant of bail, but, however, as the applicant was granted bail on merits and he has remained in custody for more than a period of one month, therefore, in view of case of Zaheer Ahmed v. The State reported in 1983 PCr.LJ 2600, a lenient view is being taken and it is ordered that the applicant shall be released on bail subject to his furnishing surety in the sum of Rs,100,000 and P.R. Bond in the like amount to the satisfaction of trial Court. This Criminal Bail Application No,90 of 1998 stands disposed of.

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