ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Acq. Appeal No.S-36 of 2021

 

Date

               Order with signature of Judge

           

                

1.   For orders on MA No.2151/2021

2.   For hearing of main case

 

29-10-2021

                

                 Mr. Muhammad Aslam Gadani, Advocate for the appellant

                    

                        12-09-2014

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

                     Heard learned counsel for the appellant and perused the record.

                 This acquittal appeal has been filed against the order dated 06.03.2021 passed by learned Civil Judge & Judicial Magistrate (F.C) Ghotki, whereby learned trial court disposing of the application u/s 249-A Cr.P.C acquitted the accused/respondents No.1 & 2. The relevant paras No.4 to 6 of the said order are reproduced as uder:-

                 “4.        Heard learned counsels and perused the record available with this court with their able assistance.

                 5.         I am mindful of the fact that there being no probability of the accused being convicted of the offence and/or the charge against the accused being groundless or baseless is since qua non to the grant of application under Section 249-A, Cr.P.C and, therefore, the case has to be looked at on the touchstone of this terminology. 

                 6.         It is seems from the statement of the complainant and his PW that there is lot of contradiction between their statements and under the circumstances, this court is of the humble view that there is no possibility or probability of accused persons being convicted, therefore, accused Muhammad Shareef s/o Muhammad Hashim  Khoso and Ghulam Farooque s/o Ghulam Sarwar Mahar, are acquitted under section 249-A, Cr.P.C, accused are present in court on bail, their bail bonds are cancelled and surety(s) discharged, and the case against the absconding accused persons is kept on dormant file and shall re-open o nth arrest of absconding accused.

                 7.         With the foregoing observation, the application stands disposed of accordingly.    

                   Perusal of record shows that appellant has miserably failed to establish extra ordinary reasons and circumstances, whereby the acquittal order recorded by the trial court may be interfered with by this court. There is hardly any improbability or infirmity in the impugned order of acquittal recorded by the learned trial court, which being based on sound and cogent reasons does not warrant any interference by this Court and is accordingly maintained and instant appeal is dismissed along with pending application(s).

 

 

                                                                            JUDGE

 

 

 

 

Suleman Khan/PA