ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

 

Cr. Acquittal Appeal No.47 of 2009

    Date                              Order with signature of the Judge

 
For order on MA No.761/10.

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Dated: 17th February 2010

 

Mr. S.M. Iqbal Shah, Advocate for Appellant.

 

Mr. Aamir Mansoob Qureshi, Advocate for Respondent No.1.

 

Mr. Saleem Akhtar, Addl. P.G.

 

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            Counsel for the appellant contends that on 18.01.2010 he was not able to attend this Court as being busy before various benches of this Court, therefore, order of dismissal of this appeal in non-prosecution may be set aside.

The record reflects that on 21.12.2009 a specific date for 18.01.2010 was given with the mark of caution that in case appellant or his counsel fails to appear order in accordance with law shall be passed, despite no one had effected appearance on 18.02.2010. The explanation furnished by the counsel for appellant is neither plausible nor can be held as “sufficient cause” for setting aside dismissal order. No indulgence in the matter is required. Consequently the application is dismissed.

 

JUDGE