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2014 YLR 2025

AAMIR SAMI vs Mst. RUBY and anothers

Citation2014 YLR 2025
CourtSindh High Court
Case No.Criminal Miscellaneous Application No.43 of 2013
Date2014-02-26
Judge(s)Abdul Maalik Gaddi
ResultApplication dismissed

ORDER

1. ' ABDUL MAALIK GADDI, J.---' Through this application under section 497(5), Cr.P.C. Read with section 561-A, Cr.P.C., the applicant has challenged the orders dated 20-11-2012 and 21-1-2013 passed by the learned IVth Additional District and Sessions Judge, Karachi East, whereby the learned Judge after hearing the parties admitted the respondent No.1 on bail in Crime No.646 of 2012 registered under section 448/380/ 457/34, P.P.C. At Police Station Ferozabad, Karachi East.

2. ' I have heard the parties Advocates at considerable length and have gone through the impugned orders. As the respondent No.1 namely Mst. Ruby daughter of Saeed Ahmed was granted bail by the learned trial Court on merit and after considering all the material available before him.

3. ' Provisions of section 497(5), Cr.P.C. Are not punitive in nature and there is no compulsion for cancelling bail, unless bail granting order is patently illegal, erroneous, factual incorrect and has resulted in miscarriage of justice or where accused were found to be making efforts to misuse concession of bail by extending threats or tampering with prosecution case.

4. 'Nothing on record to suggest that the applicant either misuse the concession of bail or she has made an attempt to tamper the prosecution evidence. On the contrary it reveals that the applicant has been granted bail after proper appreciation of evidence on record. Learned counsel for the applicant though has prayed for cancellation of bail but he was not in a position even to point out any of the illegality in the order passed by the learned trial Court while passing bail order. Learned A.P.-G. Has also not supported the application in hand. No case is made out for cancellation of bail, I, accordingly under the aforementioned facts and circumstances of the case dismissed this Criminal Miscellaneous Application.

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