ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Appeal No. S-29 of 2017

Date	Order with signature of Judge

For hearing of main case.

16-02-2023

Mr. Ali Anwar Kandhro, Additional Prosecutor General

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On 08.03.2021 following order was passed:-

"Appellant Akbar Ali Khoso is present in person, but his counsel is called absent without any intimation. Record reflect that after grant of bail under section 426 Cr.P.C, the appellant is not taking any efforts to proceed with the matter and almost he choses to remain absent from the Court; N.B.Ws were issued against him and notice under section 514 Cr.P.C was also issued against the surety. In response to the N.B.Ws, appellant appeared and undertook that he will proceed with the matter on the next date of hearing, but inspite of that he is reluctant to proceed with the matter and his counsel is also called absent.

As a last chance, the matter is adjourned to 29.03.2021 and it is made clear that if the matter has not proceeded by appellant or on his behalf on the next date of hearing, an appropriate order shall be passed."

Thereafter on 29.03.2021, learned counsel for the appellant has read out the charge and evidence of the complainant, however, the matter was adjourned for 05.04.2021. Roster was ended and case was not proceeded. On 25.11.2021 again learned counsel for the appellant sought time. Same was the position on 31.01.2022 and thereafter on 12.05.2022, the appellant was present but his counsel was called absent without any intimation and as an indulgence the matter was adjourned to 30.06.2022. Again on 30.06.2022, 03.10.2022, 24.10.2022 and 08.12.2022 the appellant was present but his counsel was called absent or requesting for time.

 Today position is same. This is second, call, the appellant is present but his counsel is called absent. Mr. Sharjeel Sattar Bhatti advocate is holding brief on his behalf.

This criminal appeal was filed in the year 2017. From the above facts it reflects that the appellant has no interest to proceed with this criminal appeal. He was granted bail U/S 426 Cr.P.C vide order dated 14.04.2017 and is continuously misusing the concession of bail. Result thereof, order dated 14.04.2017 is recalled and the appellant is taken into custody. He is remanded back to Central Prison, Larkana to serve out his sentence.

Matter is adjourned to 20.03.2023.

                                                                     Judge

Abdul Salam/P.A ****