1. This Criminal Revision has been filed by Afsreen who is facing trial before the learned VIth Additional Sessions Judge, Karachi South, in the case arising out of F.I.R. No, 106 of 1997, under sections 324/302, Qisas and Diyat Ordinance, registered at Police Station Chakiwara, Karaohi. The applicant has impugned the order, dated 20-5-2000 whereby bail granted to the applicant has been cancelled and he is remanded to custody.
2. Alongwith the application learned counsel for the applicant has filed copies of case diaries with effect from 17-1-2000 to 20-5-2000 a perusal whereof shows that on most of the occasions the case was being adjourned either for non-issuance of the process or absence of the witnesses.
3. None of the diaries mentions that the witnesses were present except on 28-5-2002 when co- incidently one witness was present and the counsel for the applicant was before another Court and the trial Court passed the impugned order. Another ground taken by the trial Court for passing the above order was that one Razia widow of Muhammad Siddiq filed affidavit in support of application under section 497(5), Cr.P.C. alleging that the accused were issuing threats of dire consequences to the witnesses.
4. I have heard the learned counsel for the applicant and the State and gone through the material on record. Learned State Counsel has conceded that only on one occasion, when the witness was present, the learned counsel for the applicant was absent therefore, the impugned order was not called for.
5. Admittedly only affidavit of Ms. Razia has been placed on record in support of the allegation that the accused were allegedly issuing threats of dire consequences, but no police report to that effect has been submitted before the trial Court to substantiate such allegation. In these circumstances, the impugned order is set aside and the applicant is admitted to bail on his furnishing a surety in the sum of Rs,2,00,000 (Rs, two Lacs only) and PR bond in the like amount to the satisfaction of the trial Court. However, it is made clear that in case any further adjournment is sought by the applicant in future, the concession of bail extended to him would be deemed to have been automatically cancelled and the applicant shall be remanded to custody by the Trial Court. The Criminal. Revision stands disposed of in the above terms.