IN THE HIGH COURT OF SINDH, CIRCUIT COURT,LARKANA

Criminal Bail Application No.S- 107 of 2021

Applicant:                                          Irshad Ahmed Hulio,

Through Messrs Habibuallh G. Ghouri and Imdad Ali Mashori, Advocate.

Date of hearing:                                 15-03-2021

Date of Decision:                               15-03-2021

O R D E R

ZULFIQAR ALI SANGI, J.- Through the captioned bail application, applicant Irshad Ahmed Hulio, seeks pre-arrest bail in Crime No.31/2019, registered at Police Station A.C.E, Larkana, for offence under Sections 409 PPC read with section 5 (2) DCT II of 1947. Earlier interim pre arrest bail was granted to the applicant by learned trial court however, the same was recalled vide order dated 25.8.2020, thereafter, applicant approached this court and this court also granted him interim pre arrest bail on 11.9.2020, but the same on account of misuse of concession of bail, was also recalled by this Court vide order dated 25.01.2021. Later on, applicant approached this court with fresh pre-arrest bail application but the same was not pressed with permission to approach the Hon’ble Supreme Court of Pakistan. The applicant approached Hon’ble Supreme Court but his pre-arrest bail application was dismissed vide order dated 09.3.2021.

2.       This is a 3rd bail application before this court on same grounds. Learned counsel for the applicant was put on notice as to how this application is maintainable as the same was also dismissed by the Honourable Supreme court of Pakistan to which he submit that bail application of the applicant was not decided on merits up to the Honourable Supreme court, therefore he again approached this court to decide the bail application on merits. However he has not pointed out any fresh grounds after the dismissal of the earlier bail application.

3.       It is observed that first bail application of the applicant was disposed of vide order dated: 25-01-2021 by this court, the same is reproduced as under:-

                                    "25-01-2021.

                                    Mr. Aitbar Ali Bullo, D.P.G.

                                                In pursuance of the order passed on the last date of                                     hearing, Mr. Ali Bux Mashori, advocate has appeared and stated                              that he was no longer advocated for the applicant. Applicant                           was present in person and was asked whether he had engaged                               new counsel or not to which he had no reply. Applicant is                                       present on pre arrest bail and as per order dated: 11-01-2021 it                                    was made clear to the applicant that pre arrest bail is an extra                                   ordinary relief and in the event counsel for the applicant is not                               present on the next date this court might recall interim bail                                    granted to the applicant. It appears that applicant is misusing                                    the concession of pre arrest bail as such interim pre arrest bail                               granted to him earlier is recalled.

                                                This bail application stands disposed of."

4.       After the above order passed by this court the applicant once again filed another bail application bearing No.46 of 2021 and the same was not pressed vide order dated: 30-01-2021, and approached Honourable supreme court of Pakistan by filling Criminal Petition No. 23-K of 2021 and the same was also dismissed by the Honourable Supreme Court vide order dated: 09-03-2021, which is reproduced as under:-

                                                "MUSHIR ALAM.J.- Petitioner was admitted to pre-arrest                             bail as an interim relief by the High Court. However on                                                 11.01.2021, the Court cautioned the petitioner that if on the                                   next date of hearing no counsel is present to proceed with the                                 matter, the extraordinary concession of bail may no longer                          continue and matter was adjourn to 25.1.2021.

                                                2.         The learned counsel contends that petitioner                                   seeks time to engage a new counsel as the pervious one is not                          continuing with the matter but was not given a reasonable time.

                                                3.         Nothing is available on record to substantiate the                            contention of the learned counsel. The instant petition is                                               dismissed, however, he may avail any other remedy available to                               him under the law."

5.       Since the bail application of the applicant was dismissed up to the Honourable Supreme Court of Pakistan as stated above and no fresh grounds are agitated by the learned counsel for the applicant in the instant bail application, therefore, the same is dismissed as not maintainable. Reliance is placed on the cases of Nazir Ahmed and another V. The State and others (PLD 2014 S.C 241), Ghulam Qammber Shah V. Mukhtiar Hussain and others (PLD 2015 S.C 66), Muhammad Sadiq and others V. The State and others (PLD 2015 S.C 1394) and Muhammad Aslam V. The State and others (PLD 2015 S.C 41).

6.       The above bail application is disposed of in the above terms.

J U D G E.