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

>>>>>>>…<<<<<<<<

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