1. ' This bail application, has been moved on behalf of the applicant/accused who is facing the trial under section 5(8) of the Suppression of Terrorism Activities Act before the Special Judge (Central), Karachi.
2. ' We have heard Mr. Sardar Muhammad Ishaque, Advocate for the applicant/accused and Mr. Jalil Hashmi, learned A.A.-G., who has opposed the bail application on the ground that the applicant/accused has absconded once and there is every possibility of his abscondence, if he is released on bail.
3. ' Mr. Sardar Muhammad Ishaque, learned counsel for the applicant/accused, submitted that the applicant was granted bail on the ground of statutory delay in view of the third proviso to section 497(1), Cr.P.C. And used to attend the Court regularly. However, on 7-11-1998 he could not attend the Court as he had gone to attend the ljtima of Tableeghi Jamaat at Raiwind and had asked to his father to submit adjournment application but his father on account of old-age and infirmity could not do so, as a result of which the trial Court had marked him absent and ordered cancellation of his bail. He further submitted that the applicant was enlarged on bail on 11-7-1997 and till 11-7-1998 never absented himself from the Court and for remaining absent on one date he had been sufficiently punished as he was arrested on 5-12-1998 and is in custody for the last eight months.
4. We have heard the arguments advanced by Mr. Sardar Muhammad Ishaque and we are of the view that the absence of the applicant on 7-11-1998 was not deliberate and intentional. On account of a lapse of memory and/or inadvertance on the part of the father of the applicant an application for adjournment could not be filed. It is a fact that during 20 months when the applicant remained on bail, he did not misuse the benefit of bail and regularly attended the Court. In view of the above we cannot subscribe to the view expressed by Mr. Jalil Hashmi that the absence of the applicant on 7-11-1998 was with a view to abscond and to avoid the proceedings.
5. Upon the above discussions, we are satisfied that a case is made out enlarging the applicant on bail. Accordingly, we order that the applicant is to be enlarged on bail on furnishing two solvent sureties in the sum of Rs,2 lacs each and P.R. Bond in the like amount to the satisfaction of the trial Court.