ORDER SHEET
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Date Order with
signature of Judge
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1. FOR ORDERS ON OFFICE OBJECTION.
2. FOR HEARING
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25.02.2009
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Mr. Wasique Ahmed, advocate for
applicant alongwith the applicant.
Mr. Iqbal Kalhoro, Addl. Prosecutor
General, Sindh for the State.
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1. Overruled.
2. This pre-arrest bail application moved by
the applicant on 24.11.2008, wherein applicant was admitted to interim
pre-arrest bail vide order dated
02.12.2008, relates to the incident, which had taken place on 22.02.1999. For
this incident F.I.R. was lodged on 22.03.1999 but as yet neither investigation
has been completed nor any challan has been submitted by the police.
Perusal of the contents of this F.I.R.
reveals that except the offence, which is alleged to be under Setion 506(2),
PPC all the other offences are bailable in nature. Mr. Iqbal Kalhoro, learned
Addl. Prosecutor General, Sindh has candidly stated that non-submission of
challan for the period of over 9 years and 11 months is in itself a strong
ground for admission of applicant to pre-arrest bail, particularly, in a case
where the offences for which the applicant has been charged, are also not of
heinous nature.
After careful perusal of the record and
taking into consideration the submissions made on behalf of the applicant,
which is not disputed by Mr. Iqbal Kalhoro, the interim pre-arrest bail allowed
to the applicant on 02.12.2008 is confirmed in the same terms.
CHIEF JUSTICE