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