ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.
Cr.
Revision Application No. S- 84 of 2009
________________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
For
hearing of case.
1.
For orders on report at Flag ‘A’.
2.
For hearing of main case.
08-07-2019.
None
present for applicant No.1.
Mr.
Deedar Ali Chohan Advocate for applicant No.2 (Dhani Bakhsh)
Syed
Sardar Ali Shah D.P.G.
.-.-.-.-.-
Through this criminal
revision application, the applicants have assailed the legality and propriety
of the Judgment dated 30.07.2009 passed by learned 2nd Civil Judge
& Judicial Magistrate Bhirya city in criminal case No.40/2007 under crime
No.110/2006 at PS Tharu Shah whereby learned Judicial Magistrate convicted the
accused under sections 245(2) Cr.P.C for the offences as stated in FIR for
three years each. Both the convictions awarded to the accused was ordered to
run concurrently and benefit of section 382-BCr.P.C was extended to them.
2. Being aggrieved of the said
order both the applicants have challenged the said order in criminal Appeal No.
14 of 2009 before Additional Sessions Judge Moro who vide his order dated
16.09.2009 maintained the order passed by the Judicial Magistrate Bhirya city,
hence this revision.
3. It is stated by counsel for
applicant No.2 Dhani Bakhsh, that accused Nazroo son of Meero was granted bail
by this Court vide order dated 11.11.2009 but subsequently he jumped the bail
and did not appear in this revision application, therefore, NBWs was ordered
against him. He further submits that subsequently accused Nazroo was murdered
in police encounter vide FIR No. 18/2016 of Police Station 60 Mile district
Shaheed Benazirabad and in this regard he has filed statement along with
photocopy of the said FIR, taken on record. These facts were confronted to
learned DPG he replied in affirmative and submits that revision application
only to accused Nazroo has become infructuous be dismissed as abetted.
4. As far as case of applicant
No.2 Dhani Bakhsh son of Imam Bakhsh Mashori is concerned it appears from the
record which is also confirmed by learned DPG that during pendency of this
revision application on 24.12.2009 the said applicant was released from Central
Prison Sukkur after completion of his
sentence but subsequently in the year 2015 he was arrested in certain other criminal
cases, however, this applicant finally completed his all sentences in all
criminal cases on 28.05.2019 and no criminal case atpresent is pending against
applicant No.2 Dhani Bakhsh son of Imam Bakhsh Mashori. When this fact was
confronted to Syed Mansoor Ali Shah Assistant Superintendent Central Jail Sukkur
who is also present in Court with Jail Roll and submits that presently there is
no case against Dhani Bakhsh, therefore, according to him the applicant Dhani
Bakhsh is unnecessarily confined in Jail, though he has already completed his
sentence in this case. Learned counsel for applicant No.2 submits that since
the applicant Dhani Bakhsh has already served out his sentences and no case is
pending against him, therefore, he does not press this criminal revision
application on merits and the same may be disposed of as the applicant Dhani
Bakhsh has served out his sentences.
Learned D.P.G confirms all these
facts.
In view of above, this revision
application is disposed of along with listed applications with directions to Superintendent
Central Jail Sukkur to release applicant No.2 Dhani Bakhsh son of Imam Bakhsh
Mashori in this case, if no other criminal case is pending against him.
This revision application is
disposed of in the above terms.
Irfan/PA.