ORDER SHEET
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Cr. Transfer Appln. No. S – 131 of 2018
Date Order
with Signature of Hon’ble Judge
For hearing
of bail application
05.4.2019
Mrs. Sarfraz
Shahid Advocate for the Applicant
Syed Sardar Ali Shah, DPG for
the State
Private
respondents in person
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Irshad Ali Shah, J; The applicant u/s 526 Cr.P.C
has sought for transfer of his case from Ghotki to
Jacobabad simply for the reason that he is apprehending danger to his life
while attending the Court at Ghotki.
2. It is contended by learned
counsel for the applicant that the private respondents are threatening him
whenever he is putting an attend learned trial Court
at Ghotki. By contending so, she sought for transfer
of the case of the applicant from Ghotki to Jacoabad.
3. Learned DPG for the State
and private respondent sin person have sought for dismissal of the instant
Criminal Transfer Application by contending that the applicant is intending to
put them under undue expenses by getting the case transferred from Ghotki to Jacobabad, without lawful justification.
4. I have considered the above
arguments and perused the record.
5. Nothing has been brought on
record which may suggest as to when, where and at what time the applicant was
threatened by the private respondents of murder when he put an attempt to
attend learned trial Court at Ghotki, which
prima-facie indicate that the ground for which case is sought to be transferred
is false. No criminal case could be ordered to be transferred on the basis of
false and self procured ground. Consequently, the instant Criminal Transfer
Application being misconceived is dismissed.
Judge
ARBROHI