IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 2149 of
2023
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
Present: Mr.
Justice Naimatullah Phulpoto
Mr. Justice Amjad
Ali Sahito
For
hearing of bail application
30.11.2023
Mr.
Imtiaz Ali Shah advocate for the applicant/accused
Mr. Khadim
Hussain Addl. P.G
PI Abdul Saeed
-.-.-.-.-.-.-.-.
1. Learned advocate for the applicant/accused referred to paras
4 and 5 of the orders passed by learned trial Court dated 22.09.2023, whereby
bail application was dismissed by learned Judge, ATC-XV, Karachi. It appears
that learned APG for the state submitted before the trial Court that she has
received papers on the day of hearing of bail application. Therefore, she
sought time for preparation. However, trial Court without providing opportunity
of hearing to APG dismissed the bail application while holding that it was not
possible for the trial Court to decide the bail application on merits without
hearing other side.
2. Heard learned counsel for the parties.
3. It appears that bail application has not been decided by the
trial Court on merits. Order dated 22.09.2023 reflects that state was not
heard. Therefore, the order of the trial Court is not sustainable under the
law. The same is set aside. Resultantly, bail application shall be deemed to be
pending before the trial Court. Trial Court is directed to decide the bail
application after hearing the parties/counsel within 07 days under intimation
to this Court.
4. Bail application is accordingly disposed of.
JUDGE
JUDGE
Wasim ps