ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-250 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

03.01.2022

                        Mr. Sarfraz Khan Jatoi, Advocate for the applicants.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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                        Facts in brief necessary for disposal of instant Crl.Misc.Application are that as per FIR, the applicants and others allegedly after having formed an unlawful assembly and in prosecution of their common object, committed murder of Rehmat Ali by causing him fire shot injuries, for that the present case was registered. On investigation, the applicants were let off by the police finding them to be innocent by placing their names in column No.2 of the challan sheet; they were joined in trial on application of the complainant Mst.Habiban Khatoon, by learned Civil Judge & Judicial Magistrate, Tangwani, by issuing non bailable warrants against them vide order dated 06.07.2020, which is impugned by the applicants before this Court by way of instant Crl.Misc.Application under section 561-A Cr.PC.

                        It is contended by learned counsel for the applicants that they have been joined in trial by learned trial Magistrate, without putting them on notice; therefore, the impugned order being illegal is liable to be set aside.

                        The complainant could not be served with notice of instant Crl.Misc.Application for one or other reason. However, learned Addl.P.G for the State by making reference to order dated 08.11.2010, passed by this Court in Crl.Misc.Application No.S-165/2010 (Re.Loung Khan and 04 others Vs. The State), stated that he would be having no objection, if non bailable warrants issued against the applicants are converted into bailable warrants.

                        Learned counsel for the applicants being satisfied with the statement so made by learned Addl.P.G for the State, did not press the disposal of instant Crl.Misc.Application on merit.

                        In view of above, the non bailable warrants issued against the applicants are converted into bailable warrants with direction to them to join the trial by furnishing surety in sum of Rs.100,000/- each and P.R bonds in the like amount to the satisfaction of learned trial Court.

                        The instant Crl.Misc.Application is disposed of accordingly.   

     JUDGE