2/2021 Const. P. Salman Bari S/o Abdul Bari (Petitioner) V/S Samia Khan and another (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
2/2021 Const. P. Salman Bari S/o Abdul Bari (Petitioner) V/S Samia Khan and another (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 04-JAN-21
Under Article 199 of Constitution, Petitioner seeks recall of order dated 01.12.2020, whereby non-bailable warrants (NBWs) was issued against the petitioner-- Section 51, CPC-- In the present case, the petitioner has specifically, pleaded that he had already paid a partial payment of Rs.2,71,000/- (Rupees Two Lac and Seventy-One Thousand) to the private respondent vide statement dated 10.11.2020 (available at page 73 of memo of petition) and undertake to pay the remaining amount within a reasonable time as per his financial position-- In the light of the aforesaid legal position of the case and an undertaking of the petitioner, the operation of NBWs issued against him by the learned trial Court is converted into BWs, enabling him to furnish security / appropriate bond equivalent to the remaining amount before the learned trial Court. However, the petitioner is directed to appear before the trial Court on the next date of hearing and in case of failure, the order passed by the learned trial Court on 01.12.2020 shall be operative.