ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Revision Appln.No.S-97 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.7597/2021 (E/A)

02. For orders on M.A.No.7595/2021 (561-A Cr.PC)

03. For hearing of main case.

31.01.2022

                        Mr. Mumtaz Ali Jessar, Advocate for the applicant.

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

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                        The applicant by preferring the instant criminal revision application has impugned order dated 04.11.2021, whereby learned trial Court has recalled medical officer Dr. Javed Sattar Bhatti for the purpose of his            re-examination to remove some ambiguity.

                        It is contended by learned counsel for the applicant that no lacuna could be filled-in by recalling the witness already examined, for the purpose of re-examination, therefore, the impugned order is liable to be set aside.

                        Learned Addl.P.G for the State by supporting the impugned judgment has sought for dismissal of the instant criminal revision application by contending that the right of fair trial could not be denied to the prosecution.

                        I have considered the above arguments and perused the record.

                        Admittedly, the case is still pending before learned trial Court; therefore, the prosecution has every right to prove its case by calling/re-calling any of the witness for the purpose of examination/re-examination. In that situation, it would be hard to make conclusion that recalling of a witness for purpose of re-examination on the part of prosecution was an attempt to fill-in lacuna in the proceeding. Like accused, the prosecution too has got right to fair trial, which could not be denied to it for the reason that it is guaranteed under Article 10-A of Constitution of Islamic Republic of Pakistan, 1973. No illegality is apparent, which may justify making interference with the impugned order.

                        In view of above, the instant criminal revision application fails and is dismissed accordingly alongwith listed applications.

                                                                                          JUDGE