ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Transfer App. No. S – 67 of 2019

Date of hearing

Order with signature of Judge

For hearing of case

1. For orders on office objections at Flag-A

2. For orders on MA No.3681/2019

3. For hearing of main case

(Notice issued)

(Letter issued for report)

06.09.2019

Mr. Shahnawaz Waseer, Advocate for applicant / accused.

Mr. Zulfiqar Ali Jatoi, Additional Prosecutor General.

.-.-.-.-.-.-.-.-.-.-

Through the instant Transfer Application, applicant / accused Sadar alias Sadoro alias Ashique Chhijjan seeks transfer of Sessions Case No.78/2019 pending before learned Additional Sessions Judge, Ubauro for offence under Section 24 Sindh Arms Act, 2013. Notice of this Transfer Application was issued to the State. Previously, transfer application was moved before learned Sessions Judge, Ghotki; the same has been dismissed vide order dated 10.04.2019.

2. Learned advocate for applicant / accused mainly contended that there is tribal dispute between Chhijjan and Shar communities and there is serious apprehension that the opponents of the applicant / accused will attack him at Ubauro.

3. Mr. Zulfiqar Ali Jatoi, Additional P.G submits that applicant / accused Sadar alias Sadoro alias Ashique is in the custody and murder case is also pending against accused in the same Court and he is being produced before the Court in the police custody. It is further contended that apprehensions of the applicant / accused are without any substance. Learned Additional P.G opposed the transfer application.

4. I have carefully heard the learned counsel for the parties and perused the record.

5. It appears that main case under Section 302, PPC, is pending against applicant / accused Sadar alias Sadoro alias Ashique and others before Additional Sessions Judge, Ubauro and this is the off-shoot case. Learned Additional P.G has submitted that applicant / accused is being produced before the trial Court safely. Main case is pending before Additional Sessions Judge, Ubauro. This off-shoot case is to be proceeded together. Learned Sessions Judge by assigning sound reasons has dismissed transfer application. Learned counsel for applicant / accused could not substantiate the ground of transfer of case by cogent material from Ubauro to some other Court.

6. The Transfer Application is without merit. The same is dismissed. However, SSP Ghotki is directed to provide extra security when applicant / accused is produced before the trial Court at Ubauro. Trial Court is also directed to decide case expeditiously. Let the copy of the order be sent to the SSP Ghotki at Mirpur Mathelo by fax for compliance.

J U D G E

Abdul Basit