ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-11 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.141/2022 (U/A)

02. For orders on office objection “A”.

03. For hearing of main case.

17.01.2022

                        Applicant in person.

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1.                     Urgency granted.

2 to 3.             It is alleged that the private respondent committed theft of motorcycle of the applicant and on registration of such case; he was admitted to pre-arrest bail by learned 3^rd Additional Sessions Judge, Shikarpur, which the applicant has sought to be cancelled by this Court by way of instant Crl.Misc.Application u/s.497 (5) Cr.PC.

                        It is contended by the applicant that he is seeking cancellation of bail granted to the private respondent only to prevent recurrence of such type of incident.

                        Heard and perused the record.

                        The FIR of the incident has been lodged with delay of more than one month without explaining such delay plausibly and the offence alleged against the private respondent is not falling with in prohibitory clause of Section 497 Cr.PC. By considering these facts, the private respondent was admitted to pre-arrest bail by learned 3^rd Additional Sessions Judge, Shikarpur, by making an observation that his case is calling for further inquiry, which obviously is yet to be conducted.

                        In view of above, no case for cancellation of bail of the private respondent is made out. Consequently, the instant Crl.Misc.Application is dismissed in limine. 

      JUDGE