ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI.

Cr. Acq. Appeal No. 208 of 2008

Date Order with Signature of Judge

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Mr. Maroof Hussain Advocate holding brief for Mr. Muhammad Ilyas Warrasich, Advocate for the appellant.

Mr. Asadullah Baloch, Advocate for the State.

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Mr. Maroof Hussain Advocate holding brief for Mr. Muhammad Ilyas Warraich, learned counsel for the appellant, requests for adjournment on the ground that Latter is not well.

Learned State counsel while strongly objecting the adjournment submits that there is nothing in this appeal as order is passed on a compromise. He has referred Order dated 29.08.2008 and states that even the cross cheques have been issued in the names of the parties, which have been pointed out in the order. He submits that firstly the compromise application was moved, given therein the details of terms and conditions but later on the applicant tired to resile from the compromise but that was not accepted as the conditions incorporated in the compromise application have already been implemented.

After going through the order dated 29.8.2008 and observing a sum of Rs.3,50,000/= has been paid through cheque and the same is mentioned in the application U/S 345(6) Cr.P.C. There would have been no reason to resile from the compromise. This appeal has been filed in October, 2008 but since then adjournments have been sought while on some occasions the appellant’s counsel has remained absent.

In such a situation, it seems that appellant himself is not interested in the appeal, hence, it is dismissed.