ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Misc. Appln. No. S- 46 of 2023.

Date of hearing

Order with signature of Judge

20.02.2023.

1.         For orders on M.A. No. 815/2023 (Urgency Application).

2.         For orders on office objections.

3.         For orders on M.A. No. 816/2023 (Exemption Application).

4.         For hearing of main case.

            ~~~~~~~

            None present for the applicant; no intimation is furnished. The perusal of the impugned order dated 28.12.2022, reflects that bail was granted to accused/ respondents No.1 to 11 on the ground amongst others that the alleged offence was punishable upto only five years and did not fall within prohibitory clause of Section 497 Cr.P.C. It is well settled law that in the cases not falling within prohibitory clause of Section 497 Cr.P.C. grant of bail is rule and refusal is an exception and such exceptions have been described by the Hon’ble Apex Court in many cases including case reported in PLD 2021 S.C page 903.

            Further perusal of impugned order does not show any illegality or infirmity. Accordingly, the instant criminal miscellaneous application being merit-less is hereby dismissed in limine.

                                                       Judge

Ansari