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2005 YLR 1288

JAMIL AHMED vs THE STATE

Citation2005 YLR 1288
CourtSindh High Court
Case No.Cr1. Bail Application No,209 of 2004
Date2004-03-08
Judge(s)Azizullah M. Memon
ResultBail refused

ORDER

1. Granted subject to all just B exceptions.

2. Heard learned counsel for the accused/applicant and learned State Counsel.

' Order dated 9-1-2004 of learned trial Court, whereby the bail application stands rejected, mentions that the accused/applicant stopped appearing before the trial Court for a period or about nine months and, therefore, repeatedly warrants of his arrest were issued and proceedings under sections 87 and 88, Cr.P.C. Were carried out against the applicant, whereafter his surety produced him before the trial Court; the applicant was admitted to bail by the trial Court in a case which, on the face of the contents of the F.I.R. Appears to be a heinous offence; he misused the concession of such grant of bail and did not care to intimate the trial Court the reason for his absence; it is a conclusive factor that he had no cogent reason for not appearing on the dates of hearing of the case in the trial Court; hence, learned trial Court rightly rejected bail application; therefore, this bail application has no merits and the same is hereby dismissed. Needless to state that applicant will be at liberty to pursue his plea of non-appearance of the prosecution witnesses in the trial Court, which shall be heard and decided on its own merits.

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