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Criminal Revision Application No. 140 of 1980, decided on 20th October, 1982.
---Ss. 118, 435 & 439--Revision--Order of execution of bail bond, passed under section 118, Cr.P.C. against accused expiring during pendency of revision--Order set aside and bail bond executed by accused, discharged.
P L D 1958 Kar. 646 and A I R 1937 Sind 26 ref.
Pir Mazharul Haq for Applicant.
Imam Bux for the State.
The learned Advocate for the applicant pointed out that the impugned order expired during the pendency of the above petition, and as such same may be set aside. In respect of this contention the learned Advocate for the applicant relied upon cases reported in P L D 1958 Kar. 646 and A 1 R 1937 Sind 26.
The learned Advocate appearing for the State conceded the above legal position, in view of the abovementioned two authorities cited by the learned Advocate for the applicant.
Therefore, I allow the above petition and set aside order, dated 30th June, 1980 under section 118, Cr.P.C. passed by the Sub-Additional Magistrate, Dadu and discharge the bail bonds executed by the appellant.
Consequently I also set aside the orders of the learned District Magistrate, Dadu passed in Criminal Appeal No. Nil of 1980, dated 26th August, 1980.
The above petition stands disposed of in terms of the above order.
M.Y.H. Order accordingly
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