ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-473 of 2020

 

Date of hearing

 

Order with signature of Judge

                       

      Before:

    Mr. Justice Irshad Ali Shah

           

1.      For orders on M.A.No.3888/2020 (U/A)

2.      For orders on office objection “A”

3.      For orders on M.A.No.3889/2020 (E/A)

4.      For hearing of bail application.

17.09.2020

Mr. Shakeel Ahmed Ansari, Advocate for the applicant.

Mr. Muhammad Noonari, Deputy Prosecutor General

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1.         Urgency granted.     

2.         Overruled.

3.         Exemption granted subject to all just exception.

4.         It is stated by learned counsel for the applicant that bail application of the applicant was argued before learned 3rd Additional Sessions Judge, Larkana, who after hearing the arguments adjourned the same to 18.08.2020 for orders. On that day, instead of passing an order on merits has dismissed the bail application of the applicant for non-prosecution, which is against the spirit of law. By contending so, he sought for interim pre-arrest bail for the applicant for the reason that the offence alleged against the applicant is not falling within the prohibitory clause of section 497 Cr.PC and the FIR of the incident has been lodged with delay of about four months.

            Learned D.P.G for the State being available in the Court after waiving the notice of this bail application suggested that the matter be remanded to learned 3rd Additional Sessions Judge, Larkana, for its disposal on merits.

            The suggestion advanced by learned D.P.G for the State was readily accepted by learned counsel for the applicant.

            In view of above, the impugned order is set aside. The bail application of applicant would be deemed to be pending before learned 3rd Additional Sessions Judge, Larkana, to be disposed of by him on merits, after providing chance of hearing to all the concerned.

            The instant bail application is disposed of accordingly.

                                                                                         J U D G E