ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

Cr. Transfer Appln.  No. S – 55   of 2016.

Cr. Transfer Appln.  No. S – 52   of 2016.

Cr. Transfer Appln.  No. S – 53   of 2016.

DATE                                     ORDER WITH SIGNATURE OF JUDGE

27.06.2016.

FOR KATCHA PESHI.

Applicant Jamaluddin is present in person.

Syed Meeral Shah Bukhari, D.P.G. for the State along with ASI Allah Bux Bhatti Police Station Sinjhoro.

M/s Tariq Mehboob and Abdul Hameed Bajwa, advocates for private respondents / accused.

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            The applicant has applied for the transfer of Sessions Case No.350 of 2016, “State v. Ali Dino & others” in Crime No.178 of 2015 lodged at Police Station Sanghar from the file of learned Ist Additional Sessions Judge, Sanghar to any other District.

            The transfer application has been moved for some events resulting loss of confidence therefore, to advance the cause of justice and avail the opportunity of fair trial as enshrined under Article 10-A of the Constitution of Islamic Republic of Pakistan, he requests for transfer of case. It is further stated that the other side has some influence in the area therefore, the complainant party also apprehend danger to their lives.

            The learned trial Court has filed the comments denying all allegations. It is further stated that similar transfer application was moved to the Sessions Judge Sanghar which was declined on 15.04.2016. However, the learned Judge has conceded his no objection if the case is transferred from his Court to any other Court.

            The counsel for the accused persons stated that without admitting the allegations mentioned in the application, they have no objection if the case is transferred along with the two bail applications as due to this transfer application, their bail applications and other proceedings are being delayed.

            The learned D.P.G. has also no objection on this ground.

            By consent, the Sessions Case No.350 of 2016 “State v. Alllah Dino & others” crime No.178 of 2015, lodged at Police Station Sanghar is transferred from the Court of Ist Additional Sessions Judge Sanghar to Additional Sessions Judge Shahdadpur, along with pending bail applications filed by Ali Dino and Muhammad Shafique which are subject matter before this Court in Transfer Applications No.52 and 53 of 2016.

            The transfer applications stand disposed of.

                                                                                                JUDGE                     

A.