ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Rev. Appln. No. S- 07 of 2019
Date Order
with Signature of Hon’ble Judge
For hearing
of main case
25.02.2019
Mr.
Rukhsar Ahmed M.Junejo
Advocate for the Applicants
Mr.
Aftab Ahmed Shar, Additional
PG for State
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Irshad Ali Shah,
J;- The applicants by way of instant criminal revision
application have impugned judgment dated 12.01.2019 passed by learned 2nd
Additional Sessions Judge, Sukkur, whereby Criminal Appeal No.01/2017 filed by
them against the conviction and sentence which was awarded to them by learned 2nd
Civil Judge and Judicial Magistrate Pano Akil in case outcome of FIR Crime No.20/2016 of Police
Station Baiji Sharif, were maintained.
2. At
the very outset, it is stated by learned counsel for the applicants that the
applicants were neither charged for offence punishable under Section 147 and
337-F(v) PPC nor such circumstances was put to them
for their explanation u/s 342 Cr.P.C, yet they have
been convicted and sentenced for the same, which is against the spirit of
natural justice as none is to be condemned unheard on any point. By contending so, he sought for remand of the
matter for de novo trial.
3. Learned
Additional PG for the State who is assisted by complainant Muhammad Hayat was
fair enough to admit the omissions which are pointed out by learned counsel for
the applicants. By admitting so, he consented for remand of the case for de
novo trial.
4. I
have considered the above arguments and perused the record.
5. Charge
framed against the applicant is jumble; it should have been distinct and
different containing every penal section. None of the applicants has been charged
for offence punishable u/s 147 and/or 337-F(v) PPC and no such circumstances has
been put to them for their explanation during course of their examination u/s
342 Cr.P.C, yet some of them have been convicted for
the above said penal Sections. By way of such omissions, the applicants have
been condemned unheard, which have prejudiced them seriously in their defence.
6. In view of above, the
judgments of learned trial and appellate Courts are set aside with direction to
learned trial Court to frame the charge against the applicants afresh and then
to proceed with the matter in accordance with law.
7. The applicants if were on
bail at trial shall remain on same bail before learned trial Court on
furnishing fresh bail bonds.
8. The instant Criminal
Revision Application is disposed of accordingly.
Judge
ARBROHI