THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-255 of 2022

Applicant:            Ali Hassan Khokhar through Mr. Mazhar Ali Bhutto, Advocate.

Complainant:      Farooq Ahmed Khokhar, present in person.

Respondent:        The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  20.10.2022

Date of Order:     20.10.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Bail Application, applicant/accused Ali Hassan son of Taryal Khokhar seeks post-arrest bail in Crime No. 01/2021, offence under Sections 302, 114, 148 & 149 PPC of the Police Station Naudero. Prior to this, he filed such application, but the same was turned down by the Court of Additional Sessions Judge, Ratodero vide order dated 16.12.2021; hence he filed instant Criminal Bail Application.

2.                The details and particulars of the F.I.R. are already available in the bail application  and F.I.R., same could not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                Per learned counsel for the applicant, the first Criminal Bail Application No.S-245 of 2021 was filed before this Court and same was dismissed as not pressed with direction to the learned Trial Court to examine the complainant, but the trial Court failed to comply with the orders of this Court; as such he had filed fresh bail application before the trial Court, same was also dismissed and he has preferred this second bail application before this Court and submits that the new ground has been arisen.  Lastly, learned counsel prayed for grant of bail to the applicant/accused.

4.                On the other hand complainant, present in person, submits that on each and every date he is attending the Court and there is no fault on his part, but the applicant side has failed to proceed with the matter; as such this bail application may be dismissed. Learned Deputy Prosecutor General also supports the version of the complainant.

5.                Heard and perused. No doubt this is second bail application and the first bail application moved by the application was dismissed as not pressed, however the learned trial Court was directed to examine the complainant within a period of one month. Today complainant is present and states that he has been attending the Court on each and every date of hearing, but the applicant side is not interested to proceed with the matter. Since complainant is in attendance, therefore, there seems no fault on his part. Furthermore, there seems no new ground available to the applicant to obtain the bail. In a case reported as PLD 2015 Supreme Court 66 (Ghulam Qamber Shah v/s. Mukhtiar Hussain and others), the Honourable Supreme Court of Pakistan has held that dismissal of bail application as having been withdrawn after arguing the case on merits amounted to dismissal of bail application on merits.  Accordingly, instant second Criminal Bail Application is dismissed.

6.                Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                J U D G E

Manzoor