ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-302 of 2018.

Date of hearing

Order with signature of Judge

1. For orders on office objection “A”

2. For orders on M.A.No.4928/2018.

3. For orders on M.A.No.4929/2018

4. For hearing of main case.

13.11.2018.

                        Mr.Imtiaz Ali Mugheri, Advocate for the applicant.                                     Mr.Syed Sardar Ali Shah, A.P.G.

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                        It is stated by learned counsel for the applicant that the applicant was witness of the incident, now made an accused of the case, with change of the situation, she sought for pre-arrest bail and now has been admitted to interim pre-arrest bail by the Court having jurisdiction.  By contending so, he sought for suspension of operation of the NBWs against the applicant.

                        The learned A.P.G being available in the Court by waiving the notice of instant Crl.Misc.Application and sought for its dismissal by contending that the NBW could only be cancelled by the Court which has issued it.

                        I have considered the above arguments and perused the record.

                        If the applicant has been admitted to interim pre-arrest bail by the Court of law, then the chance of her arrest came to an end legally. In that situation, no case for suspension of operation of NBWs issued against the applicant by learned trial Magistrate is made out. The suspension of the operation of NBWs even otherwise amounts its cancellation, which could only be ordered by the Court which has issued NBWs as is mandated by Sub Section (2) to Section 75 of Cr.PC.  

                        The instant Crl.Misc.Applicatoin is disposed of accordingly.

JUDGE

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