Hafeez Ullah S/O Hoath Khan vs Ahmed Jan And Others

Balochistan High Court · 2024 · Before Hon'ble Justice Muhammad Kamran Khan Malakhail

the last about two years and failure in compliance of office objections shows the lack of interest on behalf of the appellant, however ,in the interest of justice last and final opportunity is afforded. Notice be issued to counsel for the appellant, which shall accompany the copy of this order with direction to ensure the appearance, otherwise, the matter will be decided on the basis of available record. To come-up in the 2nd week of August, 2024.”

2. Notice was issued which was returned un- served, while notice for today’s hearing has been Crl Acq Appeal No.218 of 2024 Only for viewing purpose. Contact office for certified copy. received by Mr. Zareef Ahmed Somoro, Advocate an associate of Mr. Rizwan Ahmed Somoro, Advocate. The diary sheet of the case shows that this appeal was filed on 22.10.2022 and since then is pending in non- prosecution, which clearly reveals the lack of interest of the appellant in prosecutionof this case.

3. We have perused the impugned acquittal judgment, which reveals that the learned trial Court while extending benefit of doubt has given valid reasons for its conclusion. The impugned judgment is neither perverse, nor arbitrary and the same does not suffer from any irregularity or illegality. Needless to observe here that after gaining acquittal, the respondent carries double presumption of innocence in his favour and same could not be lightly interfered, until and unless it is found that the order of acquittal is perverse, shocking or ridiculous. Therefore, we do not find any merit in the instant appeal, which is dismissed for non-prosecution, in default and on merits as well. JUDGE JUDGE

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