ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl.
Revision Application No.S-94 of 2020.
1.
For Orders on MA No.
9004/2020.
2.
For Orders on office
objection.
3.
For hearing of
main case.
31-12-2020.
Mr.
Faisal Shams advocate for the applicant.
Mr.
Shafi Muhammad Mahar, Deputy Prosecution General.
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1. Application
for urgent hearing is granted.
2. Over ruled.
3. The applicant by way of instant revision
application has impugned an order date 17-11-2020 passed by learned Special Judge
Anticorruption (Provincial) Sukkur Division @ Sukkur whereby his application
u/s 540 Cr.P.C for recalling PW Ghulam Hussain for purpose of cross examination
has been dismissed.
It is contended by learned counsel
for the applicant that the applicant has been denied right of cross examination
to very important witness, which is against the spirit of fair trial. By
contending so, he sought for setting a side of the impugned order.
Learned DPG for the State, who being
available in the Court, after waiving the notice has recorded no objection to
grant of instant revision application.
I have considered the arguments and
perused the record.
It is the cross examination, which
not only help the accused, but the Court itself to arrive at just decision of
the case, same could hardly be denied, if denied, would negate the mandate
contained by article 10-A of the Constitution of Islamic Republic of Pakistan
1973 which prescribes fair trial to every citizen for determination of his
rights/obligations in civil as well as in criminal proceedings.
In view of above, the impugned order
is set aside with direction to learned trial Court, to recall PW Ghulam Hussain
for purpose of cross examination.
Instant revision application is
disposed of accordingly.
Judge
Nasim/P.A