ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Cr. Transfer Application No.S- 39 of 2016

Cr. Transfer Application No.S- 40 of 2016

DATE        ORDER WITH SIGNATURE OF JUDGE

17.06.2016.

Mr. Mir Ahmed Mangrio, Advocate for applicant in both criminal transfer applications.

Mr. Hidayatullah Abbasi, Advocate for respondents No.2 to 6 in criminal transfer application No.S-39/2016, and for respondent No.2 in criminal transfer application No.S-40/2016.

Syed Meeral Shah D.P.G. for the State.

                                                -.-.-.

The applicant is complainant in Crime No. 4/2015 in Sessions Case No. 315/2015 and he is accused in Crime No.5/2015 in Sessions case No.250/2015. Both cases are being tried by the learned Additional Sessions Judge Sehwan, district Jamshoro. In both the Sessions cases the applicant has applied for transfer due to danger to his life with further ground that there is enmity between the parties and open threats have been exchanged. It is further stated that rival party of the applicant is observing his movement on each date of hearing.

Learned trial court has also filed the comments. In the comments it is stated that there are counter cases between the parties and in Sessions case No.250/2015 the applicant is one of the accused and he has filed transfer application in that case also; therefore, the ground taken by the applicant may carry weight. However, the learned trial court has conceded to his no objection as no allegation is leveled against the court.

In support of these transfer application, the counsel for the applicant and the accused both have made a joint statement that they have no objection if both the Sessions cases are transferred. They further informed that the under trial prisoners in both the Sessions cases are confined in Central Prison Hyderabad and if both the cases are transferred to Hyderabad District for trial in accordance with law, there will be no difficulty to produce the U.T.Ps and they will take care of witness to produce them in the transferee court. Learned D.P.G has also no objection in view of this joint statement as well as keeping in view that the UTPs are confined in Central Prison Hyderabad.

In view of the above, these transfer applications are disposed of alongwith pending applications and the Sessions cases No.315/2015 and 250/2015 are transferred from the Court of Additional Sessions Judge, Sehwan, District Dadu, to the learned District and Sessions Judge, Hyderabad who may try the cases himself or may transfer to any other learned Additional Sessions Judge.      

Copy of this order may be transmitted to the District Judge, Jamshoro for information.

Office is directed to place copy of this order in connected transfer application.

                                                                                                JUDGE

Ali Haider