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Criminal Miscellaneous No. 452 of 1981, decided on 15th November, 1981.

‑‑ S. 205‑Exemption from appearance‑Application for stay of proceedings and exemption from appearance in trial Court on formal dates filed before High Court and proceedings stayed by High Court‑Applicants abstaining to appear in trials art under bona fide belief that their application for exemption from appearance also allowed‑Mistake, held, condonable and appli cants exempted from appearance in trial Court in circumstances.

Usman Ghani Rashid for Applicant.

Amir Azam for Respondent No. 1.

A. A. Mohomeally, Asstt. A.‑G. for the State.

This application is filed by respondent No. I with allegation that on 5th October, 1981 applicants did not appear before the trial Court hence action should be taken against them. Mr. Usman Ghani Rashid, Advocate for applicants has submitted that he had filed application for quashment of proceedings on 7th June, 1981 which was admitted to regular hearing, vide order of this Court dated 9th July, 1981. It is further submitted by the counsel that he had filed stay application and also application for exemption from attending the trial Court on formal dates but somehow due to inadvertance office did not put up application for exemption from appearance in the trial Court before the High Court as such order was passed by this Court on stay application on 6th August, 1981 granting stay. It is further submitted that after the grant of stay applicants were under bona fide belief that their application for exemption from appearance on formal dates before the trial Court has also granted as such on one date i. e. 5th October, 1981 they did not appear. The statement of Mr. Usman Ghani Rashid is further supported by the record. Learned counsel for A the applicants insists that bail bond was executed before the trial Cou rt as such the applicants have failed to appear before that Court and are liable to action according to law. I find that explanation given by Mr. Usman Ghani Rashid is plausible as such application is dismissed.

2. This is an application for grant of exemption to the applicants from appearance in the trial Court on formal dates: Main application for quashment of proceedings has been admitted to regular hearing and stay has been granted, vide order of this Court dated 6th August, 1981. Prayer in the application is granted.

Petition accepted.

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