IN THE HIGH COURT OF SINDH AT KARACHI
Criminal
Miscellaneous Application No.425 of 2023
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of main case
---------------------------------------------
25.04.2025
Ms. Seema Zaidi, Additional Prosecutor General Sindh
Respondent Malik Naseer
present
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Applicant
Bashir Ahmed seeks cancellation of bail of respondent/accused Malik Naseer, granted to him by XI Additional Sessions Judge
Karachi West in FIR No.227/2023, registered at P.S. Docks for offence under
section 324, 34, PPC. This application was filed on 26.06.2023 and is pending
without any progress. Record reflects that applicant and his counsel remained
absent on 17.02.2025, 28.02.2025 and today. Perusal of record shows that
complainant has not cited any witness of the alleged incident in the FIR and
this is a case of ineffective firing; nothing any incriminating material has
been recovered from the place of incident and the alleged offence does not fall
within the prohibitory clause of Section 497, Cr.PC.
Respondent
Malik Naseer is present in Court and submits that
applicant/complainant is his father-in-law and he has registered two FIRs
against him due to family dispute between them. He further submits that
complainant party is not appearing in the trial Court. Even otherwise, it is
well settled proposition of law that considerations for grant of bail and those for its
cancellation are entirely different as held by the apex Court in case cases of Saeedullah & 2 Others versus The State (2023 SCMR
1397), Samiullah and another versus Laiq Zada and another (2020 SCMR
1115) and Shahid Arshad
versus Muhamad Naqi Butt
and 2 others (1976 SCMR 360).
In
view of the above, no case for cancellation of bail is made out. Therefore, instant
criminal miscellaneous application is dismissed.
However, learned trial Court is directed to decide the subject case preferably
within a period of 2 months, without granting adjournments to either party on
any flimsy ground, under intimation to this Court through learned MIT-II.
J U D G E
Gulsher/PS