ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Acquittal Appeal.No.S-15 of 2020.

(Ghulam Nabi Vs. The State and others)

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DATE                    ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For orders on M.A.No.810/2022

22.05.2023

                    Mr. Shahid Ahmed, Advocate for the appellant.

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The appellant by way of listed application U/S.561-A Cr.PC has sought for restoration of his criminal acquittal appeal. It is contended by learned counsel for the appellant that on the date of hearing, he was busy before another bench of this Court at principal seat and the appellant was unaware about the date of hearing. If it is believed to be so, then he ought to have intimated the appellant to be present before this Court on the date when his criminal acquittal appeal was to have been taken up for hearing. No justification is advanced by the appellant which may suggest that his absence on the date of hearing was willful. The circumstances prima facie suggest that absence of the appellant on the date of hearing of his appeal was willful and no willful absence to be condoned at the precious time of this Court. Consequently, the listed application being misconceived is dismissed accordingly.

JUDGE