ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 926 of 2018

Date Order with Signature of Hon’ble Judge

For hearing of case

1. For orders on office objection at flag ‘A’

2. For hearing of main case

(Notice issued)

29.04.2019

Applicant Muhammad Yousuf present in person

Mr. Badaruddin Memon Advocate for private respondents

Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah, J; The fact in brief necessary for disposal of instant Criminal Miscellaneous Application are that the applicant lodged an FIR against the private respondent for having issued a false Medical Certificate. The private respondents on being booked in said FIR sought for pre-arrest bail. It was granted to him by learned Special Judge, Anti-Corruption (Provincial) Sukkur Division at Sukkur vide order dated 06.09.2018, same the applicant has sought to be cancelled by way of instant Criminal Miscellaneous Application u/s 497(5) Cr.P.C.

2. It is contended by the applicant that in order to give an end to issuance of false Medical Certificates, it is necessary to cancel the bail of private respondent in order to create deterrence, which according to him even otherwise has been granted to the private respondent by learned trial Court without lawful justification.

4. Learned DPG for the State and learned counsel for the private respondent have sought for dismissal of the instant Criminal Miscellaneous Application by contending that the private respondent has been admitted to bail by learned trial Court on the basis of valid reasons.

5. I have considered the above arguments and perused the record.

6. The FIR of the incident has been lodged with unplausible delay of ten years; such delay could not be lost sight of. The alleged offence is not falling within the prohibitory clause of Section 497(2) Cr.P.C. The grant of bail in such like cases is rule while rejection is exception. The principle for grant and cancellation of bail are altogetherly different. No bail if is granted on merits could be cancelled by this Court only to create deterrence. Consequently, the instant Criminal Miscellaneous Application for cancellation of the bail of the private respondents is dismissed.

Judge