201/2024 Cr.Bail Akber @Akber Ali (Applicant) V/S The State (Respondent)

201/2024 Cr.Bail Akber @Akber Ali (Applicant) V/S The State (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 01-OCT-24

Primarily, this is a landed dispute between two real brothers. The case has been challaned and the applicant is no more required for further investigation, but no progress has been made before the trial Court. The applicant attends the trial Court regularly. The learned counsel for the applicant claimed that the witnesses are not attending the court. The learned counsel for the complainant has failed to plead that after granting pre-arrest bail, the applicant has made any attempt to tamper with the prosecution evidence or misuse the concession of bail. In the case of Nadeem v. The State (2016 SCMR 1619); wherein the Supreme Court of Pakistan has held that: ??????3 In the absence of any evidence that the petitioner had tried to misuse the concession of bail or attempted to tamper with the prosecution evidence, it was not open for the learned High Court to recall the bail already granted to the petitioner. The learned Additional Prosecutor General has also confirmed that challan has already been submitted in the trial Court.???