KARACHI: SHC seeks remarks from ADJ on bail cancellation
KARACHI, Aug 9: Justice Wahid Bux Brohi of the High Court of Sindh has called for remarks from an additional district and sessions judge (ADJ) West that whether he cancelled the bail granted to an accused knowingly that the bail was granted by the High Court.
The judge was hearing a criminal revision application filed by an accused, Rana Shabbir Husain, on Friday who moved the court against the cancellation of his bail by the ADJ in a dacoity case.
The applicant is facing trial before the ADJ West, in a case registered by the Pak Colony police under sections 395/397/342/354 of PPC. He has been charged with committing dacoity in Mohammed Fahim Shaikh’s house.
The accused was on bail granted by the Sindh High Court when two prosecution witnesses, including wife of complainant Fahim, deposed before the trial court and explained the reason for not attending the court on the date when they were required to depose in the case. Ms Gul Naz Fahim and Ms Parveen Ghulam Nabi alleged that they could not do so as the accused threatened them.
The trial court then cancelled the bail, released the surety and remanded the accused in judicial custody.
Abdul Wahab Ansari, counsel for the accused/applicant, impugning the orders of the trial court, moved the SHC maintaining that cancellation of bail had been made without issuing notice to the accused which was an essential requirement of law.
After hearing the counsel for the applicant, the court admitted the petition for hearing and put the respondents on notice.
The court also directed the “trial court to offer its remarks as to whether the bail was cancelled knowingly that was granted by the SHC.” The court said remarks should be submitted within seven days. The matter was put off to Aug 20.— APP
