ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

 

Crl. Misc. Appln. No. S- 437 of 2021.

 

Date of hearing

Order with signature of Judge

 

16.12.2022.

 

1.          For orders on office objections.

2.         For hearing of main case.

 

            Mr. Abdul Rehman A. Bhutto, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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            The instant criminal miscellaneous seeks cancellation of pre arrest bail, granted to respondent No.2 by learned trial Court on 17.7.2021. This criminal miscellaneous application was filed on 29th November, 2021 and since then no progress has been made. A period of more than one year has passed and accused has been enjoying concession of pre arrest bail and has not misused the same concession, and the case before the learned trial Court might has been concluded.

 

            Since, the accused has been enjoying concession of bail since 17.7.2021, for a period of more than one year without misusing the same, as such he may not be put behind the bars by recalling impugned bail order. Reference in this regard, can be had from the case of Abdul Haleem Lakho v. Abdul Karim alias Karim Bux and others (2005 SCMR 1539).

 

            Keeping in view the dicta laid down by Hon’ble Supreme Court, the instant criminal miscellaneous application stands dismissed.

 

 

                                                                       Judge

 

Ansari