IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Misc. Appln. No.S-482 of 2025

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE.

1. For orders on M.A. No.4104 /25

2. For orders on O/objection at flag-A.

3. For orders on M.A. No.4105 /25

4. For hearing of bail application.

5. For orders on M.A. No.4106 /25

11.08.2025

Mr. Ubedullah Malano, Advocate for applicant.

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1. Urgency allowed.

2. Office objections are found not liable to be indulging to as disposing order is passed.

3. Granted, subject to all just exceptions.

4&5. Learned counsel for the applicant contends that the order has been passed without considering that the medical certificate relied upon was having a date of examination on 29.07.2025 whereas examination date was given as 27.07.2025 therein. He further states that while passing the order learned Justice of Peace has failed to consider that it was more of family affair than a requirement of taking of cognizance. Learned counsel also contends that the report filed before the learned Justice of Peace on behalf of the prosecution specified that it was an injury caused on accident of stairs and as such wrongly cognizance has been ordered to be taken.

Having heard the learned counsel as the alleged incident was found to be duly supported by medical examination without going into indicative details. Learned Additional Prosecutor General present in other cases was called upon was pleased to waive the notice and conceded that the matter be disposed of providing the required protection to the appellant whereby without disturbing the impugned order it may be further ordered that no arrest in the matter shall take place without the required material being available with the I.O and availability of final report as the opinion is found still reserved for want of Radiological opinion. Accordingly, matter stands disposed in the above terms wherein I prefer not to indulge in to clarification for avoiding disturbing the case which is yet to come-up, if any.

J U D G E

Ihsan/PS