ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

 

Criminal Bail Application No. 1050 of 2023

(Yasir Hussain Sheikh versus The State)

Date                            Order with signature of Judges

 

 

For hearing of bail application

 

19.06.2023

 

Mr. Abdul Nabi Joyo and Ms. Firdous Sharif advocates for the applicants

Ms. Rubina Qadir, D.P.G for the State

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It is alleged that the applicant was found carrying with him 3 KG Ghutka a substance injurious to life, for that the present case was registered. On having been involved in the said case, the applicant sought for bail, which was granted to him, which was cancelled by learned trial Magistrate on account of absence of the applicant without intimation. Subsequently, the applicant by filing an application under Section 498-A Cr.P.C sought for pre-arrest bail, it was declined to him by learned IV-Additional Sessions Judge, Malir Karachi, it is in these circumstances, the applicant has sought for the same from this Court by way of instant bail application under Section 498-A Cr.P.C.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police and both the orders passed by Courts below are not speaking, therefore, the applicant is entitled to be admitted to pre-arrest bail to face the trial, which is opposed by learned DPG for the state by contending that the applicant had misused the concession of bail.

Heard arguments and perused the record.

There is no independent witness to the incident. The applicant was admitted to bail on merits, such concession was recalled by learned trial Magistrate without putting the applicant on notice under deception that he is called absent without intimation. Be that as it may the offence alleged against the applicant is not falling within prohibitory clause. The case has finally been challaned. In these circumstances, it would be unjustified to deny concession of bail to the applicant for the absence which as per him was beyond his control.

In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.

Instant bail application is disposed of accordingly. 

                     J U D G E