ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Appeal No.S-32 of 2019

Date of hearing

Order with signature of Judge

Before:

               Mr.Justice Irshad Ali Shah

01. For orders on M.A.No.2505/2020 (U/A)

02. For hearing of M.A.No.2095/2019 (426 Cr.PC)

03. For hearing of main case.

07.09.2020

Mr. Habibullah G. Ghouri, Advocate for appellants No.1 & 3.

Mr. Sajid Hussain Mahessar, Advocate for appellant No.2.

Mr. Muhammad Sharif R.Awan, Advocate for complainant

Mr. Ali Anwar Kandhro, Additional Prosecutor General

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                        At the very outset, it is stated by learned counsel for the appellants that the appellants during course of their examination u/s. 342 Cr.PC, named Nazir Dahiri, Ghulam Shabir Gadehi, Sojhro Khoso and Ghulam Nabi Khoso, to be examined by them in their defence. They examined Nazir Dahiri and Ghulam Shabir Gadehi and were about to examine Sojhro Khoso and Ghulam Nabi Khoso in their defence, the learned trial Judge pronounced the impugned judgment, which has prejudiced the appellants in their defence. By stating so, they sought for setting aside of the impugned judgment with direction to learned trial Court to examine the remaining witnesses of the appellants to meet with ends of justice, as is prescribed by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973.

                        Learned Addl.P.G for the State and learned counsel for the complainant were fair enough to say that they would be having no objection, if the impugned judgment is set aside and case is remanded to learned trial Courrt for recording evidence of remaining DWs Sojhro Khoso and Ghulam Nabi Khoso, if they too are provided chance to examine PWs Mumtaz Ali, SIO/Inspector Syed Gambal Shah and Tapedar.                  

                        In view of above, with consent of learned counsel for the parties, the impugned judgment is set aside with direction to learned trial Court to examine DWs Sojhro Khoso and Ghulam Nabi Khoso and any other witness which the prosecution may intend to examine in support of its case and then to pass afresh judgment in accordance with law.

                        Needless to state that appellants, if were found enjoying the concession of bail at trial, may enjoy the same, subject to furnishing fresh surety in sum of Rs.200,000/- each and P.R bond in the like amount to the satisfaction of learned trial Court.

                        The instant appeal is disposed of accordingly a/w listed applications.

                                                                                                J U D G E