ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Criminal Bail Application No.S-   406     of 2015

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

FOR HEARING

 

16th. October, 2015.

 

                        Mr. Abdul Rehman Kolachi, A.P.G for State.

 

                        Applicant and his Counsel called absent, no intimation received. On the last date of hearing also applicant and his Counsel was called absent and following order was passed.

 

“Applicant and his counsel called absent, no intimation is received. On the last date of hearing i.e 15.6.2015, applicant was called absent, whereas, learned counsel for applicant requested for adjournment to intimate the applicant about the date of hearing. Today neither applicant nor his counsel is in attendance. Pursuant to court notice the complainant has shown his appearance, claims copy of bail application and requests for adjournment to engage counsel.

            As an indulgence last chance matter is being adjourned to 16.10.2015, with the caution that if, applicant is not in attendance on the next date of hearing, interim pre-arrest bail granted to the applicant/accused shall be recalled. Let intimation notice be issued to the counsel for the applicant who shall explain his position as to why after filing vakalatnama on behalf of applicant he is not in attendance without any intimation.”

 

                        Learned State Counsel has drawn attention of this Court to the Judgment dated 29.6.2013 passed in Sessions Case No. 178/2007 by learned Additional Sessions Judge, Kandiaro, in Crime No. 36 of 2007 of Police Station, Mehrabpur, and particularly referred to Para 38 which read as follows:-

“Since there is no evidence has come on record against the absconding accused persons namely Loung Machhi, 2. Shahzore Machhi, 3. Murtaza Banglani, and 4. Rajib Chang, therefore, no purpose would be served while keeping the case against them on dormant file, if the case will be proceeded against the absconding accused persons again then it will be futile exercise, hence, they are also acquitted in this case.”

 

                        It appears that all the accused persons nominated in the aforesaid F.I.R including the present applicant/accused, have been acquitted in the above case by the learned trial Court, therefore, instant bail application otherwise has become infructuous, which accordingly dismissed.

                        JUDGE

A.R.BROHI