31-AUG-2026
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Cr. B.A. No. 1928 of 2026, filed on behalf of the applicant/accused Ali Sher Gadani, fixed at Sr. No. 1 of today???s cause list generated through the CFMS-DC system, is taken up in open Court. The applicant/accused is confined at DP & CF, Ghotki. The counsel for the applicant/accused and DDPP for the State are present. Mr. Pardeep Kumar (Premy) Chouhan, Advocate, appeared and filed vakalatnama on behalf of learned counsel for the complainant, which is taken on record. He also moved an application for adjournment on the ground that he has been engaged today and has not collected the requisite documents; therefore, he was unable to argue the matter today. He further pointed out that, prior to the instant application, a bail application of like nature filed on behalf of the applicant/accused had already been dismissed on merits by this Court. In this regard, this Court verified the certificate appended to the instant bail application by counsel for the applicant/accused, which states that ???it is the first post-arrest bail application.??? In order to resolve the said ambiguity, and in view of the contention raised by counsel for the complainant, this Court verified the CFMS-DC system, the perusal whereof reveals that the first post-arrest bail application of the present applicant/accused along with co-accused Aijaz, bearing Cr. B.A. No. 1116 of 2026, dated 11.06.2026, had already been dismissed on merits by this Court. Thus, it transpires that the instant application is a second post-arrest bail application, whereas counsel for the applicant/accused, in the memo of the instant bail application, has mentioned it to be the first post-arrest bail application, thereby concealing the fact regarding the filing and dismissal of the earlier post-arrest bail application. Thereafter, counsel for the applicant/accused submitted that the Sessions Court, Ghotki, had not mentioned the fact that the instant post-arrest bail application had initially been filed before that Court and was subsequently transferred to this Court. Whatever the reason may be, counsel for the applicant/accused, endorsed a note of ???not pressed??? on the memo of instant post-arrest bail application. Accordingly, the instant post-arrest bail application filed on behalf of the applicant/accused stands dismissed as not pressed. |
Bail Application (U/S 497 Cr.P.C) |
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ADJ II, Ghotki
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